
fitass 


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Book, 









A DIGEST 



LAWS AND ORDINANCES 



RELATING TO 



FAIRMOUNT PARK. 



I^X 



A DIGEST 



Ids of Isscmlilg and ||r(linancK of iouncils 



RELATING TO 



FAIRMOUNT PARK. 



BY 

CHARLES HENRY JONES, 

SOLICirOR TO THE PARK COMMISSIONERS. 






PHILADELPHIA: 

KING & BAIRD, PRINTERS, G07 SANSOM STREET. 

1872. 






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6^-* ^O rzTor 



At a meeting of the Commissioners of F;iirmount Park, lield June 
15tb, 1873, the following resolution was adojited : 

Besolved, That the Park Solicitor be requested to prepare a digest 
of the acts of Assembly and ordinances of the City Councils relating 
to Fairmount Park. 
(3) 



MA. ii 1910 






2 INDEX. 



ACTS OF ASSEMBLY. 

Act of March 26th, 1867 19 

Act of April 14th, 1868 25 

Act of April 21st, 1869 43 

Act of January 27th, 1870 48 

Act of March 16th, 1870 51 

Act of March 15th, 1871 53 

Act of Jiane 15th, 1871 54 

Act of February 2cl, 1854 63 

Act of May 15th, 1871 67 

Act of April 4th, 1872 70 

APPROPRIATION. 

No contracts to be made for improvement of Park before 
Councils shall make an 23, 60 

ART GALLERY. 

Commissioners requested to construct art gallery in the Park. 62 

AVENUE. 

Giraril, Commissioners not to vacate 29 

Commissioners to lay out roads, avenues and streets in 

the Park for public use 29 

Councils to lay out boundary avenue around the Park 30 

Jurisdiction of Commissioners to extend over footway ne.\t 

the Park in all boundary avenues 30 

Commissioners may vary the boundaries of Park in adjust- 
ing grades of boundary avenues 45 

Commissioners to exercise authority over so much of Girard 

avenue as lies within the Park 58 

Commissioners may lay out an avenue from Hunting Park 

to Fairmount Park 67 

Land for said avenue to be acquired under laws relating to 

Fairmount Park 68 

Commissioners to have control of said avenue as a Park 

road 68 

(3) 



4 INDEX. 

AWARD. 

Of jury to be reviewed and enforced in tlie same manner as 
provided by the road laws 22 

Of damages made prior to April 21st, 1869, bears interest 
from the day of the confirmation of the report. ...note (a), 32 

BOAT CLUB HOUSES. 

To be licensed by Commissioners, subject to their regula- 
tions and supervision and to removal or surrender to 
city 34 

BOUNDARIES. 

Of Fairmount Park described 19, 25, 55 

Commissioners may adjust boundaries of Park with rail- 
road and canal companies, and others 43 

Compensation for exchanges in adjusting Park boundaries 
to be paid into siftking fund 44 

Commissioners may vary boundaries of Park in adjusting 
grades of boundary avenues 45 

BRIDGES. 

Commissioners to construct all proper bridges in the Park. .35 
As a general proposition, bridges are treated as portions of 
the highways which cross them note [b], 58 

BRISTOL STREET. 

Commissioners may open Bristol street as a Park road from 

Hunting Park to Fairmount Park 70 

Land required for, how acquired 70 

BUILDINGS. 

Compensation to be made for buildings as well as ground 31 

Buildings, machinery and fixtures, not required by commis- 
sioners to be removed by owners , 31 

Commissioners to- have exclusive power to lease all build- 
ings within the Park 34 

For boat or skating clubs, or zoological or other purposes, 
shall be licensed by Commissioners, subject to their regu- 
lations and supervision, and to removal or surrender to 
city 34 

Commissioners to construct all proper buildings in the 
Park 35 



INDEX. 5 

CARE. 

And management. Commissioners to have, of the Park on 
both banks of the Schuylkill 23 35 

CHIEF ENGINEER AND SURVEYOR. 

To be one of the Park Commissioners 20 

CHIEF ENGINEER OF THE WATER WORKS. 

To be one of the Park Commissioners 20 

CITY OF PHILADELPHIA. 

See Philadelphia, City of. 

CITY PROPERTY. 

Commissioner of, to be one of the Park Commissioners 20 

COMMISSIONERS OF FAIRMOUNT PARK. 

How appointed 2o 

To organize annually 20 

To elect president and secretary annually 20 

Vacancies in, how filled 21 

To receive no compensation for their services 21 

To petition for jury 21 

"May negotiate and agree with owners of ground as to the 

price thereof 2] 60 

To make report of their agreements with owners of ground 

to Court of Quarter Sessions 21 

Shall adopt a plan for the improvement and maintenance of 

the Park and proceed with the same 23 35 

All moneys expended to be under supervision of 23 

To have the care and management of the Park on both 

banks of the Schuylkill 23 35 

Authorized to lay out Roberts' Hollow drive 27 57 

To make and file survey of Roberts' Hollow drive 28 

To appropriate the shores of the Wissahickon Creek 28 

To make and file survey of grounds upon Wissahickon 

creek 28 

To have all the power and control over ground appropri- 
ated by act of 1868, given them by act of l>-67 29, 47, GO 

May vacate any street or road within the Park, except ' 

Girard avenue 9g 

May open roads, avenues and streets in the Park for pub- 
lic use r,n 

To have jurisdiction over footway next the Park in all 
boundary avenues gg 



Q INDEX. 

COMMISSIONERS OF FAIRMOUNT F AUK. — Contmued. 

Shall make compensation for buildings as well as for 

ground taken 31 

All buildings, machinery and fixtures not required by, to 

be removed by owners 31 

Forthwith to take possession of premises upon payment or 

tender of compensation , 31 

May make partial reports to the court 31 

Yaluation forthwith payable whenever report of Commis- 
sioners is confirmed by the court 32 

To appoint officers, agents and subordinates 32 

May acquire the whole of a tract of land where part of it 
lies within the Park and sell parts thereof lying outside 

the Park , 33 

Shall not be interested in any such sale 33 

To report annually to Councils 34, 49 

To have exclusive power to lease all houses, &c., within the 

Park 34 

To collect all rents and pay them into city treasury 34 

Buildings for boat or skating clubs, or zoological or other 
purposes to be licensed by Commissioners and to be under 

their supervision 34 

May accept devises, &c., of property in trust for Park pur- 
poses 34 

Debts to be created only at regular meeting of 35 

To construct all proper bridges, buildings, railways and 

other improvements in the Park 35 

To repress all disorders in the Park 35 

May license passenger railways in the Park 35 

Fine prescribed by Commissioners for violation of rules and 

regulations note (a) 39 

To ordain additional rules and regulations 39 

All moneys paid into city treasury by Commissioners to be 

exclusively appropriated for Park purposes 41 

Shall employ, equip and pay a Park force 41 

May prevent the damage or destruction of trees, &c 43 

May adjust boundaries of Park with railroad and canal 

companies and others 43 

May take possession of property after sixty days' notice 44 

Shall make application for appointment of jury before pos- 
session of laud is taken 44 

May vary boundaries of Park in adjusting grades of bound- 
ary avenues 45 



INDEX. 7 

COMMISSIONERS OF FAIRMOUNT FATlK. — Co7i(muecl. 

Councils may confer care of other grounds upon Commissioners.45 

Not to receive compensation from parties having claims 45 

To appoint Park Solicitor 49 

May exclude from the Park manufactories therein 53 

May agree with Eidge avenue Turnpike Company-for por- 
tion of their turnpike 53 

To exercise authority over so much of Girard avenue as 

lies within the Park 58 

Requested to construct art gallery in the Park 62 

Care of Hunting Park transferred to 67 

To lay out, enclose, plant and adorn Hunting Park 67 

To exercise same powers over Hunting Park that they ex- 
ercise over Fairmount Park 67 

May lay out an avenue from Fairmount Park to Hunting Park.. 67 

To have control of said avenue as a Park road 68 

May make exchanges of land for the purpose of squaring 

Hunting Park 68, 71 

Councils shall provide such moneys for Hunting Park as 

Commissioners may require 68 

Care of the Elliott Cresson legacy transferred to 69 

May open Bristol street as a Park road from Hunting Park 
to Fairmount Park 70 

COMMON PLEAS, COURT OF. 

To appoint five Park Commissioners to serve for five 

years 20 

Proceedings pending in not to bo affected by Park 

laws 41 

COMPENSATION. 

Park Commissioners to receive no compensation for their 
services 21 

For land is not to be measured solely by its value, the ad- 
vantages must be considered note (c) 21, note (o) 54 

Jury are to find value at the time when compensation could 
first be demanded 22 

City to raise money by loans for compensation for lands ;-{2 

Commissioners to prescribe compensation for their officers, 
agents and subordinates 32 

All licenses may be with 40 

No Commissioner, Solicitor or officer to receive compensa- 
tion from parties having claims 45 

Of Tark Solicitor 50 



8 INDEX. 

CONTRACTS. 

No contracts to be made for improvement of Park before 
Councils shall make an appropriation 23 

COUNCILS. 

Presidents of Select and Common Councils to be Park Com- 
missioners 20 

No contracts to be made for improvement of Park before 

Councils shall make an appropriation 23 

To cause alterations of the plan of survey in 24th, 29th and 

28th wards 30 

To lay out a boundary avenue around the Park 30 

Commissioners to report annually to 34, 49 

All moneys paid into city treasury by Commissioners 
to be exclusiveljf appropriated by Councils for Park pur- 
poses 41 

May improve approaches to the Park 41 

May confer care of other grounds upon Commissioners 45 

Required to obtain and lay out public squares and parks 63 

Shall provide such moneys for Hunting Park as the Com- 
missioners may require 6S 

DAMAGES. 

For ground and property, how ascertained 21, 29, 41 

Court will not award damages where there are incum- 
brances without making an equitable distribution of the 
fund note (a) 28 

Must be distributed among lien creditors before the report 
of the jury is confirmed note (a) 28 

The possession of the land owner is at sufferance where the 
damages have been assessed note (a) 28 

Legislature may direct the time for paying note (a) 32 

Awarded before April 21st, 18G9, bear interest from the day 
of the confirmation of the report note (a) 32 

Commissioners may prevent damage to, or destruction of 
trees, &c 43 

Commissioners may take possession of property after sixty 
days' notice, although the damages have not been as- 
sessed 44 

In that event to bear interest 44 

Park damages not to bear interest 47 

DEBTS. 

To he created only by Commissioners at regular meeting 35 



INDEX. 9 

DISTRICT COURT. 

To appoint five Park Commissioners to serve for five 
years 20 

Proceedings pending in, not to be affected by Park laws 41 

DUTIES. 

Commissioners to prescribe duties of their officers, agents 

and subordinates 32 

Of Park Solicitor 40 

ELLIOTT CRE3S0N LEGACY 

Care of the, transferred to Park Commissioners C9 

Extract from will of Elliott Cresson 09 

Is a good charitable bequest note (a) 69 

EXCHANGES. 

Commissioners may make exchanges of land' with railroad 

and canal companies and others in adjusting boundaries. . .43 
Commissioners may make exchanges of land in adjusting 

grades of boundary avenues 45 

Commissioners may make exchanges of land for the purpose 

of squaring Hunting Park 68, 71 

EXPENDITURES. 

All expenditures for maintenance and improvement of the 

Park to be under control cf Commissioners 23 

Commissioners to make report of expenditures annually to 

Councils 34 

FINES. 

For violation of rules and regulations 39 

How recovered 40 

All fines to be paid into city treasury 40 

FRANCHISES. 

Of Schuylkill Navigation, Pennsylvania, Philadelphia and 
Reading, Junction and Connecting Railroad Companies 
excepted out of the Park 20, 28, 57 

GIRARD AVENUE. 

Commissioners not to vacate 29 

Commissioners to exercise authority over so much of Girard 
avenue as lies within the Park 53 



10 INDEX. 

GROUND. 

Title to and ownership of, vested in the city for Park pur- 
poses 20, 28, 59 

Owners of, how paid 21 

Yalue of, how ascertained 21 

Owners of, when to petition for jury 21 

Commissioners may negotiate and agree with owners of, as 
to the price theil-eof 21, 60 

A tenant for years is an owner of note («) 21 

A ground landlord is not such an owner of, as will entitle 
him to an award of damages note (a) 21 

A purchaser of, cannot claim damages, the claim remains 
in the vendor ..note (a) 21 

An owner of, may recover the damages as soon as the re- 
port is confirmed note (&) 21 

Compensation for ground is not to be measured solely by its 

value, the advantages must be considered note (c) 21 

note (rt) 54 

Price of ground when confirmed by the court to be conclu- 
sive upon the city 22 

Taken for public use is divested of all liens and incum- 
brances note (a) 23 

Claim of city to portion of ground embraced in Act of 
1867, released 29 

All ground taken for the Park by Act of 1868, to be sub- 
ject to all powers and control given by Act of 1867. . .29, 47 

Owners of ground taken by Act of 1868, to be paid as di- 
rected in Act of 1867 29, 41 

Proceedings where owner or lessee of ground cannot be 
found 31 

City to raise money by loan to make compensation for 
all.., 32 

All moneys raised for purchase of ground to be kept sepa- 
rately by city treasurer 44 

Commissioners may take possession of ground after sixty 
days' notice 44 

Commissioners shall make application for appointment of 
jury before possession of ground is taken 44 

Commissioners may vary the boundaries of the Park in ad- 
justing grades of boundary avenues and take additional 
ground 45 

Councils may confer care of other grounds upon Commis- 
sioners 45 



INDEX. 11 

GROJJNB.— Contmued. 

Owners of, shall be fully heard by whole jury or quorum 
thereof 49 

For avenue from Fairmount Park to Hunting Park to be 
acquired under laws relating to Fairmount Park 68 

Commissioners may make exchanges of ground for the pur- 
pose of squaring Hunting Park 68, 71 

Ground required for opening Bristol street, how acquired. . ..70 

HUNTING PAEK. 

Boundaries of, defined 64 

Sale of intoxicating liquors and merchandise prohibited in. . .65 

Care of, transferred to Commissioners of Fairmount Park 67 

Commissioners to exercise same powers over, that they do 
over Fairmount Park 67 

Commissioners may lay out an avenue from Hunting Park 
to Fairmount Park 67 

Commissioners may make exchanges for the purpose of 
squaring Hunting Park , 68, 71 

Councils shall provide such moneys for Hunting Park as Com- 
missioners may require 68 

Commissioners may open Bristol street as a Park road 
from Hunting Park to Fairmount Park 70 

IMPEOVEMENT OF THE PAEK. 

Commissioners to adopt plan for, and proceed with the same. 23 
No contract shall be made for, before Councils shall make 
an appropriation 23 

INCUMBEANCES. 

Land taken for public use is divested of all note(a) 28 

The court will not award the damages assessed where there 
are incumbrances without making an equitable distribu- 
tion of the fund note (a) 28 

Must be taken from the fund before the report of the jury 
is confirmed note (a) 28 

INTEEEST. 

Awards of damages made prior to April 21st, 1869, bear 
interest from the date of the confirmation of the re- 
port note (a) 32 

City to provide for payment of interest on Park loans 32 

Damages to bear interest where possession is actually 
taken before they are paid 44 

Park damages not to bear interest 47 



12 INDEX. 

JURY. 

How appointed 21, 31 

When to be appointed 21, 45, 53 

To proceed as provided by road laws 22 

One or more of the jury may be stricken off and others sub- 
stituted after the whole number have been appointed 

note [d) 22 

Must be sworn 22 

May administer oath to each other note {d) 22 

Five of the jury must view the property note (d) 22 

All must deliberate, but a majority may decide note {d) 22 

May resort to any source of information note {d) 22 

Are to judge for themselves and not by the opinions of wit-^ 

nesses \ note {d) 22 

Are to find value at the time when compensation could first 

be demanded note (rf) 22 

To make compensation for buildings as well as ground 31 

May make partial reports to the court 31 

To consist of six members 31 

Court may confirm partial reports of 31, 48 

Powers of, to continue until they have reported on all their 

cases, unless otherwise ordered by the court 31 

May be appointed on one or more cases 32 

Valuation forthwith payable whenever report of jury is con- 
firmed by the court 32 

Commissioners shall make application for appointment of, 

before possession of land is taken 44 

Vacancies in, how filled 49 

Every claimant shall be fully heard by whole jury or 
quorum thereof 49 

LEASE. 

Commissioners may lease houses within Park limits 34 

Tenant to forfeit lease for violation of rules and regulations. .40 
To contain clause of forfeiture 40 

LICENSES. 

Commissioners to grant licenses for buildings, for boat or 

skating clubs, or zoological or other purposes 34 

Commissioners may grant licenses for passenger railways in 

the Park 35 

All charges for licenses to be paid into city treasury 40 



INDEX. 13 

LIENS AND INCUMBRANCES. 

Land taken for public use is divested of all note {a) 28 

The court will not award the damages assessed where 
there are liens and incumbrances, without making an 

equitable distribution of the fund note [a) 28 

Must be taken from the fund before the report of the jury 
is confirmed note (a) 28 

LOANS. 

City to raise money by loans for all grounds, the laying out 
and construction, permanent care and improveiuent 
thereof and for all culverts 32 

City to provide for payment of interest on loans and sink- 
ing fund for their redemption 32 

MAINTENANCE. 

Commissioners to adopt plan for the maintenance of the 
Park and proceed with the same 23, 35 

MANAGEMENT. 

Commissioners to have management of the Park on both 
banks of the Schuylkill 23, 35 

MANUFACTORIES. 

Commissioners may exclude manufactories from the Park 53 

MAYOR. 

Of the city to be one of the Park Commissioners 20 

Park police to be subject to orders of Mayor in any emer- 
gency 41 

MONEYS. 

All moneys expended to be under supervision of Commis- 
sioners 23 

All moneys paid into city treasury by Commissioners to be 
exclusively appropriated for Park purposes 41 

All moneys raised for purchase of grounds, etc., to be kept 
separately by city treasurer 44 

Councils shall provide such moneys for Hunting Park as 
Commissioners may require, 68 

NOTICE. 

Commissioners to give notice of taking possession of ground. ..21 
Commissioners may take possession of property after sixty 
days' notice 44 



14 INDEX. 

OFFICERS. 

Commissioners to appoint officers, agents and subordinates. ..32 
Shall not be interested in sales of land acquired outside the 

Park 33 

Of Commission not to receive compensation from parties 

having claims 45 

ORDINANCES OP COUNCILS. 

Ordinance of March 4th, 1868 55 

Resolution of January 24th, 1871 62 

Ordiuance of July 10th, 1856 64 

OWNER OF GROUND. 

How paid 21, 29, 41 

When to petition for jury 21 

A tenant for years is an note (a) 21 

A ground landlord is not such an owner of ground as will 

entitle him to an award of damages note (a) 21 

May recover the damages as soon as the report is con- 
firmed note (6) 21 

Continues in possession at sufferance after damages have 

been assessed note (a) 28 

Owners of ground taken by Act of 1868, to be paid as di- 
rected in Act of 1867 29, 41 

To remove all buildings, machinery, and fixtures not re- 
quired by Park Commission 31 

To receive compensation for buildings as well as ground 31 

Proceedings where owners of ground cannot be found 31 

Shall be fully heard by whole jury or quorum thereof 49 

PARK POLICE. 

To arrest offenders without warrant 40 

Commissioners to employ, equip, and pay 41 

To be subject to orders of Mayor m any emergency 41 

How appointed and controlled 42 

PARK SOLICITOR. 

Not to receive any compensation from parties having claims. 45 

Commissioners to appoint 49 

Duties of 49 

Compeusation of 50 



INDEX. 15 



PENALTY. 



For being interested in sales of land 33 

For violation of rules and regulations 39 

How recovered 40 

For receiving compensation from parties Laving claims 46 

For sale of intoxicating liquors and merchandise in Hunt- 
ing Park G5 

How recovered 65 



PHILADELPHIA, CITY OP. 

To pay for ground appropriated 21 

Claim of, to portion of ground embraced in Act of 18G7 re- 
leased 29 

To have all the power and control over ground appropri- 
ated by Act of 1868 given it by Act of 1B67 29,47 

Valuation forthwith payable by, whenever report is con- 
firmed by the court 32 

Required to raise money by loans for all grounds ; the lay- 
ing out and construction, permanent care and improve- 
ment thereof, and for all culverts 32 

To assess taxes for keeping the Park in repair 32 

To provide for payment of interest on loans, and sinking 
fund for their redemption 32 

All houses and buildings in the Park for boat or skating 
clubs, or zoological or other purposes to be subject to 
siirrender to 34 

Required to maintain and keep open Fairmount Park 51 

POSSESSION". 

Commissioners to give notice of their taking possession of 

ground 21 

Owner of ground continues in possession at sufferance after 

damages have been assessed note (a) 28 

Commissioners forthwith to take possession of premises 

upon payment or tender of compensation 31 

Commissioners may take possession of property after sixty 

days' notice 44 

Damages to bear interest where possession is taken before 

payment 44 

Commissioners shall make application for appointment of 

jury before possession of land is taken 44 



16 INDEX. 

PRESIDENT. 

Of the Select and of the Common Councils to be Park Com- 
missioners. 20 

Commissioners to elect President annually 20 

QUARTER SESSIONS, COURT OF. 

To appoint six jurors 21, 32 

Commissioners to make report of their agreements with 
owners of ground to court of 21, 31 

One or more juries may be stricken off and others substitu- 
ted after the whole number have been appointed, .note [d) 22 

The court will not award damages where there are incum- 
brances without making an equitable distribution of the 
fund note (a) 28 

The court must distribute damages among lien creditors 
before the report of the jury is confirmed note (a) 28 

Commissioners and jury may make partial reports to court 
of, and court may act on them separately 31 

Powers of jury to continue unless otherwise ordered by 
court of 31 

Court of, may confirm partial reports of jury 31, 48 

Valuation forthwith payable whenever report is confirmed 
by 32 

Proceedings pending in court of, not to be aiTccted by Park 
laws 41 

RAILROADS. 

Franchises of certain railroads excepted out of Park ....20, 28 
No railroads ever to be constructed within the limits of 

Fairmount Park 51 

Rights already acquired by any railroads preserved 52 

RAILWAYS. 

Commissioners to construct all proper railways in the Park., 35 
Commissioners may license passenger railways in the Park.. .35 

RENTS. 

Commissioners to collect all rents, and pay them into city 
treasury 34 

REPORT. 

Must be made by the Commissioners to the Court of 
Quarter Sessions of their agreement with the owners of 
land 21 

Of jury must state that the jury has been sworn note (cZ) 22 



INDEX. 17 

RE PO RT.— Gontin ued. 

Commissioners and jury may make partial reports to tlie 
court 31 

Court may confirm partial reports of jury 31, 43 

RIDGE AVENUE TURNPIKE. 

Commissioners may agree with company for portion of. 53 

ROADS. 

Jury to proceed according to road laws 22 

Commissioners may vacate any street or road within the 

Park, except Girard avenue 29 

Commissioners to lay out roads, avenues, and streets in the 

Park for public use 29 

Jurisdiction of Commissioners to extend over footway 

next the Park in all avenues or streets which bound upon 

the Park 30 

Commissioners may lay out Park road from Hunting Park 

to Fairmount Park 67 

ROBERTS' HOLLOW DRIVE 

Commissioners authorized to lay out 27, .57 

Declared part of the Park 27 

Commissioners to make and file survey of 28 

RULES AND REGULATIONS. 

Rules and regulations 35 

Penalty for violation of . . . >. >. 39 

Commissioners to prescribe fine for violation of 39 

Commissioners to ordain additional 39 

Fine for violation of, how recovered 40 

Further liability for violation of 40 

Tenant to forfeit lease for violation of 40 

Leases to contain clause of forfeiture for violation of 40 

Park police to"arrest without warrant for violation of 40 

SECRETARY. 

Commissioners to elect annually , 20 

SINKING FUND. 

City to provide sinking fund for redemption of Park loan. . . .32 
Proceeds of sales of land acquired outside the Park, to be 

paid into 33 

Compensation for exchanges in adjusting Park boundaries 
to be paid into 44 



18 INDEX. 

SKATING CLUB HOUSES. 

To be licensed by Commissioners subject to their regula- 
tions and supervision, and to removal or surrender to city.. .34 

TENANT. 

To forfeit lease for violation of rules and regulations 40 

TREASURER. 

All trusts shall be received and applied by Park Treasurer. ..41 
All moneys raised by loans for purchase of grounds, &c., to 
be kept separately by city treasurer 44 

TREASURY. 

Commissioners to pay all rents into city treasury 34, 40 

All emoluments from passenger railways to be paid into 

city treasury 35 

Fines for violation of rules and regulations to be paid into 

city treasury 40 

Compensation for »all licenses, &c., to be paid into city 

treasury , 40 

All moneys paid into city treasury by Commissioners to be 

exclusively appropriated for Park purposes 41 

TRUSTS. 

Commissioners may accept devises, etc., of property upon 
trust for Park purposes 34 

All property given upon trust shall be received and applied 
by Park Treasurer 41 

VACANCIES. 

In Park Commission, how filled 21 

In Park juries, how filled 49 

WATER WORKS. 

Chief Engineer of, to be one of the Park Commissioners 20 

Excepted out of Park 27, 57 

WISSAHICKON CREEK. 

Commissioners to appropriate, shores of 28 

Commissioners to make and file survey of grounds upon 28 

Declared part of Fairmount Park 28 

ZOOLOGICAL BUILDINGS. 

To be licensed by Commissioners, subject to their regula- 
tions and supervision, and to removal or surrender to City. 34 



FAIRMOUNT PARK. 



ACTS OF ASSEMBLY 



Act of March 26, 1867. P. L. 547. 
AX ACT 

■A-Ppropi-iating ground for public purposes, in the City of Philadelphia. 

Section 1. Be it enacted by the Senate and House of 
Bepresentatives of the Commonwealth of Pennsylvania in 
General Assembly met, and it is hereby enacted by the author- 
ity of same. That the title to, and ownership of, the area of 
gronncl which is bounded as follows ;(«) Beginning at a Boundaries 
point on the river Schuylkill, at the intersection of the ParkaT-""" 
north line of Bridge street and low water mark in said ="'^'"*- 
river ; thence along said north line of Bridge street, to 
Bridgewater street; thence along the easterly side of 
Bridgewater street, to north line of Ilaverford street, as 
now used ; thence along the northeast line of said Haver- 
ford street to the Pennsylvania raih'oad ; thence along 
said Pennsylvania railroad, to the Junction railroad ; 
thenee along the said Junction railroad, its several 
courses and distances, to a point where it intersects 

(rz) Boundary of the Park modified by Act of April 14, 1868, Sec. 1, 
post, page 25. See also, Sec. 4 of said Act, post, page 29. 

(19) 



20 ACT OF MARCH 26, 18G7. 

Girard avenue; thence westwardly, along the north line 
of Girard avenue, to Forty-first street; thence northward, 
along Forty-first street, to Lansdowne avenue ; thence 
along said LansdoAvne avenue, westwardly, to Belmont 
avenue ; thence along said Belmont avenue, northwardly, 
to Montgomery avenue; thence eastward, along said Mont- 
gomery avenue, in a direct line, to the water line of Fair- 
mount dam; thence down the river Schuylkill, along the 
low water line thereof, to the place of beginning, except- 
ing therefrom and thereout, that part of which the Schuyh 
^ , . ^ kill ISTavigation, the Pennsylvania Central, the Junction 

Franchises of o ? k! i 

Schuylkill ^y^^ ^]^Q Connectino; Railroad Companies, are respectively 

Navigation ^ r T i. J 

Company, scizcd, for thc execution of their f ranch ises,(a) shall be 

Pennsylva- 

niajanction vcstcd lu tlic City of Philadelphia, to be laid out and 

and Connec- . . , „ i T n i i n 

ting Railroad maintained lorever, as an open public place and park, lor 
exx'^ptTd"' ^^^ health and enjoyment of the people of said city, and 

the preservation of the purity of the water supply of the 

City of Philadelphia. 

commis- Sect. 2. That the Mayor, the Presidents of the Select 

and Common Councils, Commissioner of City Property, 
the Chief Engineer and Surveyor, and the Chief Engineer 
of the Water Works of said city, together with ten citi- 
zens of said city, who shall be appointed for five years, 
five of them by the District Court, and five of them by 
the Court of Common Pleas of said city, be and the same 
are hereby constituted Commissioners of said Park ; they 
To organize shall orgauizc annually on the first Monday of June, by 
annually. ^^^ clcctiou of a prcsidcut and secretary,(6) but they shall 

(a) See also, Sec. 3 Act of April 14, 1868, post, page 38. 

(5) So much of the section as requires that the Secretary shall be 
chosen fi-om the Commissioners, repealed by Act of April 14, 1868, 
Sec. 12, post, page 33. 



ACT OF MARCH 26, 1867. 21 

receive no compensation for their services as Conimis- to receive 

no compen- 

sioners : Provided, That whenever a vacancy shall occur sation. 

. . -Til Vacancies, 

in that part of the said Commissioners appointed by the how fiUed. 
courts, the court from which the appointment was made 
shall fill the vacancy. 

Sect. 3. That the owners of the said ground, («) by the owners of 

*" ground to be 

first section of this act appropriated for public pnrposes, paid for the 

same by the 

shall be paid(6) for the same by the City of Philadelphia, city. 
accordino; to the value(c) which shall b-e ascertained b}^ a "^^'"^' '^^^'^ 

~ ascertained. 

jury of twelve(ci) disinterested freeholders, to be appointed(e) 
by the Court of Quarter Sessions of said city, upon the ,i°'[i^rsTo 
petition of said Commissioners; and if the said Commis- pj=""°"*°'' 
sioners shall delay petitioning as aforesaid for the period 

. . Owners may 

of sixty clays after notice given of their taking possession petition for 
of said ground, then said jury shall be appointed upon miTsioners ' 
the petition of any person whose property shall be so ^f^J^^^.^ 
taken : Provided, however, That in any case the said Com- 

Commission- 

niissioiiers may negotiate and agree with the owners of ers may ne- 
any part of said ground as to the price thereof, and said agree with 
price shall be reported to the said Court of Quarter Ses- ""^^^H °' 

(ffl) A tenant for years is sucli an owner : 4 Wh. 90 ; 8 H. 91 ; 10 H. 
29 ; 1 C. 229 ; 16 P. F. Smith, 425. A ground landlord is not such an 
owner : 6 C. 362. See 28 Leg. Int. 356. The purchaser of an estate 
cannot claim damages for an injury done to it before his purchase. 
Such claim remains in the hands of the vendor : 10 H. 32. 

{b) Either under the Act of April 14, 18G8, or by a common law 
action of debt, the land owner may recover the damages assessed or 
agreed on immediately upon confirmation of the report relating to 
damages : 18 P. F. Smith, 49. 

(c) The basis of compensation is not to be measured solely by the 
value of the land taken. The advantages likely to accrue, enter 
largely into the estimate : 4 H. 192 ; 11 Wright, 435 ; 29 Leg. Int. 220. 

{d) Reduced to six by Sec. 10 of the Act of April 14, 1868, post, 
page 81. 

(e) See Act of January 27, 1870, Sec. 3, post, page 49. 



22 ACT OF MARCH 2G, 1SG7. 

sions, and if confirmed and approved by said court, shall 

be conclusive upon said city : And jjrovided further^ That 

Jury to as- whcnever it shall be necessary to have recourse to a 

sess advan- . 

tages upon jmy to asscss the damages for any property to be taken 
infan^in"" as aforcsaid [the said jury shall estimate the advantage 
o^flhTpark. to property adjoining or in the vicinity(a) und](6) 
And proceed g._^-^-^ iurv(c) shall procccd and their award shall be re- 

according to " •' ^ ' ■■■ 

the road yicwcd and enforced in the same manner as provided by 
law in the opening of roads in the City of Philadel- 
phia, (c/) 
Commission- Sect. 4. That thc Commissioners of the said Park, after 
piIn°for°im- thcy shall have secured possession of the ground, shall 

provement, 

&c. of Park. (a) The term vicinity does not denote any particular, definite dis- 
tance from the Park : 6 II. 26. Such assessments are constitutional : 
3 W. 296 ; 7 Barr 175 ; 6 H. 26 ; 3 Philadelphia, 265 ; 11 C. 231 ; 22 Leg. 
Int. (186.:)) 365; 4 N. Y. (4 Comst.) 419 ; 8 Wendell, 85; Ibid. 101 ; 
3 Paige, 45 ; 7 Hill, 9 ; 5 Ohio State Reports, 636 ; 19 Ohio, 418 ; 26 
111. 351 ; 30 Mo. 537. 

{b) Repealed by Act of June 15, 1871, post, page 54. 

(c) See Act of January 27, 1870, Sec. 3, post, page 49. 

{d) See Act of April 14, 1868, Sec. 10, post, page 31. See also, 
18 P. F. Smith, 47. When the Court of Quarter Sessions have ap- 
pointed a full set of jurors, one or more of the number may be 
stricken off and others substituted, and it is not necessary to give 
notice that it will be done : 3 C. 69. The jury must be sworn before 
they enter upon their duties : 2 P. R. 207. And it must be stated in 
the report : 3 S. & R. 210. See 4 Wh. 514. Any of the jurors are 
competent to administer an oath to one of their number : 2 C. 222. 
The report of the jury must be accompanied by a draft : 3 Binney, 3 ; 
10 S. & R. 120. Five of the six jurors apiK)inted must view the prop- 
erty : 6 H. 2^0 ; 3 C. 69. All the jurors must deliberate, but a 
majority may decide : 5 C. 20. It is no objection to the report of 
viewers appointed to assess damages, that they conversed with the 
owners of property adjoining, in the absence of the parties interested. 
An inquest of this sort is restrained to no peculiar species of evidence, 
and may resort to any source of information which the members of it 
may think proper, even the evidence of their senses : 4 R. 192. The 
jury are to judge for themselves on view of the premises, and not by 
the opinions of witnesses : 2 Wh. 277, The jury are to consider the 
matter just as if they were called on to value the injury at the moment 
when compensation could first be demanded : 11 Wr. 434. 



ACT OF MARCH 2G, 18t;7. 23 

adopt a plan for tlie improvement and maintenance 
thereof, and shall have power to proceed with the same, Expenditure 
and all moneys expended shall be under their supervision, °f =»'' ■"°"'=y« 

•/J- -"- ' to be under 

but no contracts shall be made for said improvement their super- 

vision. 

unless an appropriation therefor shall have been first no contract 

to be made 

made by the Councils of said city. (a) before appro- 

priation is 

made. 

Sect. 5. That as soon as the said Commissioners shall commission- 

ers to have 

have fully ors^anizcd, they shall have the care and man- care of Fair- 

"" _ mount Park 

agement of Fairmount Park, on both banks of the river and aii plans 
Schuylkill, and all plans and expenditures for the im- their comroi. 
provement and maintenance of the same shall be under 
their control, subject to such appropriations(a) as Councils 
may from time to time make as aforesaid. (6) 

[Sect. 6. That the Commissioners of said Park are Commis- 



sioners au- 



hereby further empowered, whenever the Councils of the thorized 
City of Philadelphia shall so declare by ordinance, to take ciisshaii so 
such other land as may be deemed proper by said Councils J^l^'oler 
for the extension of said Fairmount Park, between the '^"-^ ^°' ;""■ 

tension oi 

Spring Garden Water Works and the Columbia Bridge P^^-k. 
and between the Ptcading Eailroad and the river Schuyl- 
kill, according to the value which shall be ascertained 
by a jury of twelve disinterested freeholders, to be ap- 
pointed by the Court, of Quarter Sessions of said city 
upon the petition of said commissioners ; and if the said 
commissioners shall delay petitioning as aforesaid for a 
period of sixty days after notice given of their taking- 
possession of said ground, then said jury shall be ap- 

(a) See Act of April 14, 18G8, Sec. 11, post, page 32, and Sec. 19, 
post, page 3o. 

(b) See preceding section. 



24 ACT OF MARCH 20, 1807. 

pointed upon the petition of any person whose property 
Proviso. shall be so taken. Provided^ however^ That in any case 
the said Commissioners may negotiate directly and agree 
with the owners of any part of said ground as to the 
price thereof, and said price shall he reported to the said 
Court of Quarter Sessions, and if confirmed or approved 
by said court, shall be conclusive upon said city: And 
Proviso. j)rovided, farther^ That whenever it shall be necessary to 
have recourse to a jury to assess the damages for any 
property to be taken as aforesaid, the said jury shall 
estimate the advantage to property adjoining or in the 
vicinit}^, and said jury shall proceed, and their award 
shall be reviewed and enforced in the same manner as 
provided by law in the opening of roads in the City of 
Philadelphia. ](rt) 

(a) The pi-ovisions of tins section are supplied by subsequent legis- 
lation. The land referred to therein is included witliin the Park boun- 
daries by the Act of April 14, 1808, Sec. 1, post, page 2o, and the 
other provisions are also supplied by the Act of April 14, l^fG8, Sec. 5, 
post, page 39, and Sec. 20, post page 41, and the Act of March 20, 
1S07, Sec. 3, ante, page 21. 



ACT OF APRIL 14, 18G3. 25 



Act of April 14, 186 8. P. L. 1083. 
A SUPPLEMENT 

To an act, entitled "An act appropriating ground for public pur- 
poses, in the City of Philadelphia," approved the twenty sixth day 
of March, Anno Domini one thousand eight hundred and sixty- 
seven. 

Section 1. Be it enacted hy tJie Senate and House of Rep- 
resentatives of the Comraomcealth of Pennsylvania in Gen- 
eral Assembly met, and it is hereliy enacted hy the authority of 
the same, That tlie boundaries of the Fairmomit Park in Boundaries 
the City of Philadelphia shall be the following, to wit: °^^^'"""""' 



Beginning at a point in the northeasterly line of prop- 
erty owned and occupied by the Reading Eailroad Com- 
pan}^, near the City bridge over the river Schuylkill at 
the Falls, where said northeasterly line [is intersected 
by the line dividing property of H. Duhring from that of 
F. Stoever and T. Johnson ; extending] («) from thence in a 
southwesterly direction uj)on said dividing line and its 
prolongation to the middle of the Ford road ; from thence 
by a line passing through the southeast corner of Forty- 
ninth and Lebanon streets to George's run ; thence along 
the several courses of said run to a point fourteen hundred 
and eighty-seven and a half feet from the middle of the 
Pennsylvania Railroad, measured at right angles thereto; 
thence by a straight line through the northeast corner of 
Forty-third and Hancock streets to the northerly side of 
Girard avenue near Fortieth street; thence by the said 
northerly side of Girard avenue to the easterly side of the 

ia) Amended by Act of April 21, 18G9, Sec. 8, post, page 4G. 



Park de- 
fined. 



26 ACT OF APRIL 14, 1868. 

Junction railroad as now used ; thence by the said east- 
erly side of the Junction railroad and the Pennsylvania 
railroad to the north side of llaverford street ; thence by 
the northerly side of said llaverford street to the westerly 
side of Bridgewater street; thence by said Bridgewater 
street to the north line of Bridge street ; thence by said 
Bridge street to the west abutment of the Suspension 
bridge ; thence by the northwesterly side of the Suspen- 
sion bridge and Callowhill street to the angle in said 
street, on the southwesterly side of Fairmount basin ; 
thence by the northerly side of Callowhill and Biddle 
streets to the westerly side of Twenty-fifth street ; thence 
by the said Twenty-fifth street to the southwesterly side 
of Pennsylvania avenue; thence by the southwesterly 
side of Pennsylvania avenue to the west side of Thirty- 
third street ; thence along the westerly side of Thirty- 
third street to the southwesterly line of Eidge avenue ; 
thence along said Ridge avenue to the southwesterly line 
of South Laurel Hill Cemetery (north of Huntingdon 
street) ; thence by and along said property line to such a 
distance from the shore line of the river Schujdkill as 
will permit the location of a carriage road one hundred 
feet wide upon its margin ; thence along said river shore 
and its several courses as may be most practicable, at the 
same distance as above specified (provided said distance 
shall not exceed one hundred and fifty feet), to a point 
opposite the intersection of the Eidge turnpike and 
School lane ; thence northwardl}^ to a point on the south- 
westerly side of said turnpike road opposite to the south- 
easterly side of said School lane ; thence b}^ the south- 
westerly side of the Ridge turnpike I'oad and its several 
courses to the southeasterly side of the Wissahickon 



ACT OF APRIL 14, 18G8. 27 

creek ; thence by the several courses of the said south- 
easterly side of Wissahickon creek to the Schuylkill 
river ; thence across the water course of said river to the 
northeasterly line of the Reading Railroad Company's 
property as now occupied and in use, at the City boun- 
dary line ; thence along said northeasterly line, as now 
occupied and used by said railroad company, to the place 
of beginning ;(«) excepting, nevertheless, thereout the Waterworks 
several water works and their appurtenances, which are 
inchided within these boundaries, and such uses of the 
premises immediately adjacent to the same, and such 
other portions of the ground as are described in the plan, 
as the City of Philadelphia may from time to time 
require for the purposes of its water department, (/^) 

Sect. 2. That there shall be laid out and constructed a Roberts' 
road of easy and practicable grades extending from the drive au- 
intersection of the northerly line of the Park by Belmont 
avenue on the westerly side of the river Schuylkill to the 
head of Roberts' Hollow, and thence along said hollow 
and the river Schuylkill to tlie foot of City avenue, laid 
out with the ground contiguous thereto for ornamenta- 
tion, of such width and so constructed as the Commission- 
ers of Fairmount Park, appointed under authority of the 
act of the General Assemblj^ of the Commonwealth ,(c) may 
determine. And such road and its contiguous ground are 
hereby declared to be a part of the aforesaid Park; and And^ieciared 

"^ -^ part of tlie 

said Park Commissioners are hereby authorized and re- ^^-^''^■ 

(a) See Act of April 21, IbGO, Sec. 3, post, page 43, and Sec. 5, 
post, page 45. 

(&) See, for fnvtlier exceptions, Act of April 14, 18G8, Sec. 3, i)ost, 
page 28. See also Act of March 15, 1871, Sec. 1, post, page 53, and 
Act of March 26, 18G7, Sec. 1, ante, page 20. 

(c) See Act of March 2G, 18G7, Section 2, ante, page 20. 



28 



ACT OF APRIL 14, 1868. 



Commis- 
sioners to 
make and 
file survey 
thereof. 
Wissahickon 
creek and its 
shores ap- 
propriated 



Commis- 
sioners to 
make and 
file survey 
thereof. 



Declared 
part of the 
Park. 



quired to ascertain, by a proper survey, the limits thereof, 
which survey they shall file in the Survey Department of 
the City of Philadelphia. And it shall also be the duty 
of said Park Commissioners to appropriate the shores of 
the Wissahickon creek on both sides of the same from its 
mouth to the Paul's Mill road, and of such width as may 
embrace the road now passing along the same ; and may 
also protect the purity of the water of said creek, and by 
passing along the crest of the heights which are on either 
side of said creek, may preserve the beauty of its scenery. 
The said Park Commissioners are hereby authorized and 
required to cause a proper survey to be made of said 
grounds upon the Wissahickon, and to file said survey in 
the Survey Department of the City of Philadelpliia, and 
the grounds and creek hereby appropriated are declared 
to be a part of Fairmount Park. 



Title to Park 
vested in the 
City 

Excepting 
franchises of 
Schuylkill 
Navigation, 
Philadelphia 
and Read- 
ing, Junc- 
tion and 
Connecting 
Railroad 
Companies. 



Sect. 3. That the title to and ownership of the ground 
within said boundaries shall be vested(rt) in the City of 
Philadelphia, excepting therefrom so much as shall be re- 
quired by the Schuylkill ]^avigation Company, the Phila- 
delphia and Reading, the Junction and Connecting Rail- 

(a) Land taken for pnblic nse is divested of all liens and incumbran- 
ces : 34 Leg. Int. 61 ; 27 Leg. Int. 61. But tlie court will not award 
the damages assessed, without inquii'iug whetlier there are any in- 
cumbrances, and if there are, an equitable distribution of the fund 
will be made : 1 Ashmead, 376 ; 5 Wr. 470. The power of the court 
must be exercised before the report of the jury is confirmed : 4 P. L. 
J. 468. Where damages have been assessed or agreed on for land 
taken for Fairmount Park, the land vested in the City of Philadel- 
phia, and if the landowner continues in possession, it is at sufferance, 
and he can be turned out at any time : 18 P. F. Smith, 49. See also 
Act of April 21, 18)9, Sec. 4, post, page 44, and Act of April 14, 1868, 
Sec. 9, post page '61. 



ACT OF APRIL 14, 18G3. 29 

road Companies for the execution of their franchises as 
now provided by law. (a) 

Sect. 4. So much of the ground as was embraced in the ciaim of 

- City to por- 

act to which this is a supplement, approved the twenty- uon of 
sixth day of March, one thousand eight hundred and tracrdin""' 
sixty-seven, and is not included in the above boundaries,(6) f^^^°/^^^^^ 
is hereby released from all claim of title by the said city, 
with the same efiect as if it had never been included.(c) 

Sect. 5. That all the o-rounds taken within the bound- ^n Park 

~ grounds to 

aries of the Fairmount Park by the first section of this be subject to 

all powers 

act, shall be subject to all the powers and control given conferred by 

p the Act of 

by the act to which this is a supplement to the City ot 1867. 
Philadelphia and the Park Commissioners designated by 
or appointed under said act id) and the owners of all f;"^^^^''^ 
o;round taken for the Park, and others interested therein, shaiibecom- 

J? pensated as 

shall be compensated as in said act is directed and pro- therein pro- 
vided. 

vided.(e) 

Sect. 6. The said Commissioners shall have power and ^"l^'J^f "„,y 
authority, from time to time, to vacate any street or road J^'^/^J^^^^ 
within the boundaries of the Park (excepting Girard cept oirard 

avenue, and 

avenue), and to open for public use such other roads, open other 

-, roads, &c. 

avenues and streets therein as they may deem necessary. 

{a) See Act of April 14, 18G8, Sec. 1, ante, page 27, for further 
exception. 

(i) See ante, Sec. 1, page 25, and Sec. 2, page 27. 

(c) See Act of March 26, 18!i7, Sec. 1, ante, page 19. This release 
applies only to the triangular piece of ground bounded by Girard 
avenue. Forty- first street and Elm avenue. 

{d) Act of March 20, 1867, ante, page 19. See also Act of April 21, 
18(;9, Sec. 8, post, page 46. 

(e) See Act of April 14, 1868, Sec. 26, post, page 41. See also Act of 
March 26, 1867, Section '6, ante, page 21. 



30 ACT OF APRIL 14, 18G8. 

Councils Sect. 7. The Councils of the City of Philadelphia shall 

aiteratiTns^f cause, uiicler the supervision of the Department of Surveys, 
surv'^eylnle s^ch alterations of the plan of survey of the Twenty-fourth 
24th, 20th ^Yapcl as lies between Fairmount Park as by this act es- 

and 28th "^ 

wurds. tablished, the Pennsylvania railroad and the City avenue, 
and of the contiguous parts of the Twentieth(a)and Twenty- 
eighth Wards, as may become necessary or expedient by 
reason of the extension as aforesaid of the limits of the 
Fairmount Park, and cause the same to be established in 
manner as now provided by law for revising or laying out 
plans of survey in and for the City of Philadelphia ; and 
And lay out shall lay out an avenue as one of the streets of the city, of 
avenue ^'^ tlic Width of uot Icss thau ouc liundrcd feet, as a boundary 
PaT'^"'^ of the Park on the southwest, west and northwest sides 
thereof, extending from Girard avenue to the river 
Schuylkill, at or near the Falls Bridge; and also upon the 
eastern side of the river from the intersection of Pennsyl- 
vania avenue aiid Thirty-third street, northward along 
the boundary of said Park to the river Schuylkill. 

, . J. . Sect. 8. The iurisdiction of the Commissioners of the 

Jurisdiction " 

of commis- j>c^y\^ shall cxtcud to the breadth of the footway next the 

sioners shall 

extend over Park, lu all avcuucs or streets which shall bound upon 

lootway of ^^ ->• ^ •i-ii 

boundary thc Park, aud they shall direct the manner m which such 
ncItThe footways shall be laid out, curbed, paved, planted and or- 
^''^^' namented ; which footways shall not be less than twenty 

Width of 

footways, feet lu widtli on an^ avenue or street of the width of one 
hundred feet, and of like proportion upon any street or 
avenue of a greater or less width, unless otherwise directed 
by the Commissioners. 

(a) A new ward lias been created out of that part of the Twentieth 
Ward, contiguous to the Park siuce this act was passed, called the 
Twenty-ninth Ward. 



ACT OF APRIL 14, 1SG8. 81 

Sect, 9. The said Park Commissioners or jury who shall Compensa- 

, . , , tion to be 

assess the compensation to the owners lor the ground made for buii- 
taken, shall ascertain and make compensation for Imild- as"|rounT 
inffs,((7,) as well as the o-round taken : but all buildino;s '^''.';": 

'-' '^ -^ ~ ' C> JJuildings, 

and machinery and fixtures not required by the Park m-ichinery 

•^ 1 ^ 3,^j fixtures 

Commission, shall be removed by the owners thereof not required 

by Commis- 

whenever payment of the compensation awarded them sioners to be 
shall be made or tendered to them ; and upon such pay- ZTnJrl, ^ 
ment or tender, the Park Commissioners shall forthwith '^^'-*"^''^'' 

' payment of 

take possession of the premises.(6) If any owner or lessee '^^"^^g^^ '^ 
of ground taken cannot be found, notice of the taking and 'i^^™- 

"" _ _ _ Proceedings 

valuation of his land shall be given by advertisement in v/here owner 

or l6SS£6 of 

tAvo daily papers, published in Philadelphia, six times, ground 
and in the Legal Intelligencer twice; and the amount ^e found""" 
awarded in such case to the owner or lessee, shall remain 
in the city treasury, until such owner shall produce the 
decree of the court having jurisdiction in the premises, 
ordering the said moneys to be paid to him or his legal 
representatives. 

Sect. 10. The said Commissioners and jury may make commis- 

. , . , „ . . - sioners and 

partial or special reports, trom time to time, to the court, jury may 
as they may be ready to do so, and the court may act t7aVrep^o«"s. 
upon such reports separately ;(c) and the powers of the Powers of 

the jury to 

jury shall continue, unless limited by the court, or they continue 

1 .,,-, ■, -iiin ""'■' they 

be required by the court to make report, until they shall have re- 
have reported on all the cases on Avhich they have been f^e'r ca°es^ 
api:)ointed, althouo*h a term or terms of the court shall ""i^^^ o'^^""- 

^ '- ^ wise ordered 

have intervened ; and jurors, not to exceed six in number, by the court. 

(a) See Act of March 15, 1871, Sec. 1, post, page 53. 

(b) See ante, page 28, iiote(«). See also Act of April 21, 1869. Sec. 
4, post, page 44. 

ifl) See Act of January 27, 1870, Sec. 1, post, page 48. See also ante, 
page 22. note {d). 



32 ACT OF APRIL 14, 1868. 

sixjurors maj be appointed upon one or more cases, accordino; to 

may be ap- i t r i i ^ 

pointed on the Order of the court made ; and whenever any report of 
cas^J"^ '""'^^ the said Commissioners or of the jurj^ shall have been 
Valuation confirmed by the court, the valuation made shall be 

forthwith '' ' 

payable forthwith payable by the City of Philadelphia.(a) 

upon con- 
firmation of 

the report. g^^.^^ ^^ rpj^^ Q-. ^f Philadelphia sliall be authorized 

City to raise '■ 

money by aud Tequircd to raise by loans, from time to time, such 

loans for all 

grounds; the sums of money(&) as shall be necessary to make compensa- 
and Ton- tlou for all grouuds heretofore taken or to be taken for 
permanent ^^^^ Fairmount Park, and for the laying out and con- 
""■^^"•^ ™' St ruction thereof for public use; for the permanent care 

provement -l ' i. 

thereof, and ^j-jfj improvement thereof, and for all culverts and other 

for all cul- 
verts, means for preserving the Schuylkill water pure for the use 

Shall assess of thc citizcus of Said city, and shall annually assess 

taxes for 

keeping the taxcs for kccplng in repair and good order the said Park ; 

Park in re- t i n i • n ^ i n ^ • 

pair. And aud shall also provide lor the payment of the interest on 
plymentrf ^^^ ^ald loaus, aud the usual sinking fund for the redemp- 

interest, and ^-q^., thorCOf. 
loans. 



Commis- Sect. 12. The said Park Commissioners shall, from 

sioners to . . . i n^ i i T 

appoint offi- time to time, appoint such oincers, agents and subordi- 
&T,'anT"'^' nates as they may deem necessary, for the purposes of this 
fh^dmies ^^^ ^"^ *^^® ^^^ **-* which this is a supplement; (c) and 
andcompen- j.|;^gy q[\qM prescribc the duties and the compensation to 

sation. J l i- 

(a) The Legislature may direct the time for paying damages assessed 
for taking property for public use : 18 P. F. Smith 45. The price of 
land taken for Fairmount Park as agreed upon with the Commission- 
ers bears interest from the day of the confirmation of their report by 
the court, not from the date of the agreement : Ibid. 48. As to interest 
on awards made after April 21, 1801), see Act of April 21, 18G9, 
Sec 9, post, page 47. 

(b) See Act of April 21, 18G9, Sec. 3, post, page 44. 

(c) See Act of April 14, 18G8, Sec. 27, post, page 41, and also Act of 
January 27, 1870, Sec. 5, post, page 49, 



ACT OF APrxIL 14, 1868. 33 

be paid them; and so ranch of the second section(a) of the Repeal of 

provision of 

act to which this is a supplement, as requires tJiat the Act of 1867, 
Secretary shall be chosen from tlie Commissioners, be and election of 
the same is hereby repealed. ec.etary. 

Sect. 13. It shall be lawful for said Park Commis- commis- 
sioners may 
sioners to acquire title to the whole of an}^ tract of land, acquire the 

_ , . whole of a 

part of which shall fall within the boundaries men- tract of land 
tioned in the first section of this act, and to take con- Tfitlier'^' 
veyance thereof in the name of the City of Philadelphia ; "^^ '^" 
and such part thereof as shall lie beyond or [within](6) 
the said Park limits, again to sell and convey in absolute And seii 
fee simple to any purchaser or purchasers thereof, by lying outside 
deeds to be signed by the Mayor, under the seal of the ' ^ 
city, to be affixed by direction of Councils; either for Terms of 
cash, or part cash and part to be secured by bond and 
mortgage to the city, paying all cash into the city 
treasury : Provided, That the proceeds of such sales shall Proceeds of 

sales to be 

be paid into the sinking fund for the redemption of the paid into the 
loan created under the provisions of this act: Provided 
also, That no Commissioner, nor any officer under the no commis- 
Park Commission, shall in any wise be directly or in- officer shaii 
directly interested in any such sale of lands by the Com- fn^^uchTaiet 
missioners as aforesaid ; and if any Commissioner or officer ""^'=''pe"- 

' ^ altyofdis- 

aforesaid shall act in violation of this proviso, he shall, charge, 
if a Commissioner, be subject to expulsion ; if an officer, 
to be discharged by a majority of votes of the Board of 
"Park Commissioners, after an opportunity afforded of ex- 
planation and defence. 

(a) Ante, page 20. 

(b) Altered to "without" by Sec. 3, of the Act of January 27, 1870, 
post, page 48. 

3 



34 ACT OF APRIL 14, 1868. 

Commis- Sect. 14. The said Board of Commissioners shall, annii- 

sioners to re- 
port annually ally hereafter, [in the month of December, make, to the 

to the . . . 

Mayor. Major of the City of Philadelphia,] (a) a report of their 
proceedings, and a statement of their expenditures for 
the preceding year. 

May lease Sect. 15. Tlic Said Park Commissioners shall have ex- 
houses, &c., 
within Park cluslve powcr to lease from year to year, all houses and 

buildings within the Park limits, which may be let with- 
out prejudice to the interests and purposes of the Park, 
To collect \)j leases to be signed by their President and Secretary, 

rents and 

pay them aud to collcct tlic Tcuts and pay them into the city 

into City 

Treasury. trCaSUry. 



Buildings Sect. 16. All houses and buildings now built or to be 

erected, on 

Park built on any part of the Park grounds, by or for boat 

boarciubsf or skating clubs, or zoological or other purposes, shall be 
&c., relative ^^]^g^ ^q havc riglits subordiuatc to the public purposes 
intended to be subserved by acquiring and laying out the 
Park, and shall be subject to the regulations of said Park 
Commissioners, under licenses which shall be approved 
by the Commission, and signed by the President and 
Secretary, and will subject them to their supervision and 
to removal, or surrender to the city, whensoever the said 
Commissioners may require. 

Commis- Sect. 17. The said Park Commissioners shall have 

sioners may . n t • n 

accept de- powcr to acccpt, m the name and behalf of the City of 
of^'property PhlladSlphia, devises, bequests and donations of lands, 

(a) Amended by Sec. 4, of the Act of January 27, 1870, to read 
" to the Councils of the City of Philadelphia during the mouth of 
January." See post, page 49. 



ACT OF APRIL 14, 18G8. 35 

moneys, oLjects of art and natural history, maps and in trust for 

the purposes 

books, or otlier things, upon such trusts as may be pre- of the Park. 
scribed by the testator or donor : Provided^ Such trusts 
be satisfactory to the Commission, and compatible with 
the purposes of said Park. 

Sect. 18. ITone of the Park Commissioners, nor any Debts to be 
person employed by them, shall have power to create any brcomlTis^- 
debt or obligation to bind said Board of Commissioners, "°"';'^^'* 

~ ' regular 

except by the express authority of the said Commission- ■"'^^''"s- 
ers at a meeting duly convened. 

Sect. 19. The said Park Commissioners shall have the commis- 
power to govern, manage, lay out, plant and ornament to°hIve 
the said Fairmount Park, and to maintain the same in p°'''^'' '° , 

' manage and 

good order and repair ;(a) and to construct all proper ^''>' °"' 
bridges, buildings, railways,(6) and other improvements 
therein, and to repress all disorders therein under the 
provisions hereinafter contained. (c) 

Sect. 20. That the said Park Commissioners shall have Commis- 

-I • , , -y 11' T Ti sioners may 

authorit}^ to license the laying downi, and the use for a license pas- 
term of years, from time to time, of such passenger rail- 'jryHJ^'the 
ways as they may think will comport with the use and ^''''^^ 
enjoyment of the said Park by the public, upon such 
terms as said Commissioners may agree ; all emoluments 
from which shall be paid into the city treasury. (6) 

Sect. 21. The said Park shall be under the following R"'<=^ ^'^^ 

Regulations. 

(a) See also Act of Marcb 20, 1867, Sec. 4, ante, page 22, and Sec. 
5, ante, page 23. 

(6) See Act of March IC, 1870, Sec. 1, post, page 51. 
(c) See post, Sec. 21, 



36 ACT OF APRIL 14, 1868. 

rules and regulations, and such others as the Park Com- 
missioners may from time to time ordain :(«) 

(a) The following additional rules and regulations have been or- 
dained by the Park Commissioners : 

I. No person sliall throw any dead animal or offensive matter or 
substance of any kind, into the river Schuylkill, within the bounda- 
I'ies of Fairmount Park. 

II. No person shall injure, deface or destroy any notices, rules or 
regulations for the government of the Park, posted or in any other 
manner permanently fixed by order or permission of the Commis- 
sioners of Fairmount Park within the limits of the same. 

III. No person shall be permitted to bring led horses within the 
limits of Fairmoiuit Park, or a horse that is not harnessed and at- 
tached to a vehicle, or mounted by an equestrian. 

IV. No military or other parade or procession, or funeral shall take 
place in or pass through the limits of the Park, without the license of 
the Park Commissioners. 

V. No person shall engage in any play, at base ball, cricket, shinncy, 
foot ball, croquet, or at any other games with ball and bat, nor shall 
any foot race or horse race be permitted within the limits of the Park, 
except on siich grounds only as shall be specially designated for such 
purpose. 

VI. No person shall be permitted to use the shores of the river 
Schuylkill within the boundaries of Fairmount Park as a landing 
place for boats, or keep thereat boats for hii-e, nor floating boat 
houses with pleasure boats for hire, except by special license or lease 
granted by the Commissioners, to be paid for as the Commissioners 
shall from time to time direct, and only at i)laces designated by and 
under restrictions determined upon by said Commissioners. 

VII. No regatta or boat race by boat clubs, whose houses arfe built 
upon any part of the Park grounds, shall take place within the boun- 
daries of the Park without special permission granted by the Com- 
missioners, or by their Committee on Superintendence and Police. 

VIII. No velocipedes shall be permitted to be used in Fairmount 
Park, except upon places that may be specially assigned for their use 
by the Committee on Superintendence and Police. 

IX. Belmont avenue within the Park limits shall be kept in order, 
and used as a highway for burden traffic, as well as general travel for 



ACT OF APRIL 14, 18G8. 37 

I. No persons shall turn cattle, goats, SAvine, horses Cattie, goats, 
or other animals loose into the Park. horses', &c. 



II. N^o persons shall carry fire-arms, or shoot birds in Firearms, 
le Park, or within fiftj 
or other missiles therein. 



1T-»1 • 1 • r" r 11 r i throwing 

the Park, or within nity yards thereoi, or throw stones stones, &c. 



III. JSTo one shall cut, break, or in anywise injure or Defacing 

if» 1 111 n r> ^ T -T -I fees, build- 

deiace the trees, shrubs, plants, turr, or any or the build- ings, &c., 
ings, fences, structures or statuary, or foul any fountains springs, &c. 
or springs within the Park. 



IV. 1^0 person shall drive or ride therein at a rate ex- Rate of 



ceeding seven miles an hour. 



speed. 



the accommodation of the public, in such manner as shall from time 
to time be directed by the Comuiissiouers of Fuirmouat Park. (Reso- 
lution of October IGtli, 18G9.) 

X. The passage of funeral trains and of droves of cattle, hogs, 
sheep and other animals over Belmont avenue within the boundaries 
of Fairmount Park is prohibited. 

XI. No cattle, horses, sheep or hogs, shall be driven over any bridge 
across the river Schuylkill within the Park between the hours of ten 
A. M. and ten p. m. ; nor during other hours of the day in greater 
numbers than ten cattle or horses, or twenty sheep or hogs, at any 
one time, nor such droves nearer together than three hundred feet, 
each drove being in charge of a man ; nor shall any bull be driven in 
any such drove along with cows ; and it shall be the duty of the Park 
Guard to enforce this regulation of the Park, by causing the separa- 
tion of the animals at least three hundred feet from the bi-idge ; and 
any driver of such animals who shall violate this regulation, or resist 
the Park Guard in its enforcement, shall pay a tine not exceeding five 
dollars, to be recovered as provided by law in respect to other Park 
fines. 

XII. No person shall annoy, strike, injure, maim or kill any animal 
kept by direction of the Commissioners, either running at large or 
confined in a close. 



Driving off 
roads. 



Vehicles 
'.ised for 
hire. 



38 ACT OF APRIL 14, 1808. 

V. N'o one shall ride or drive therein, upon any other 
than upon the avenues and roads. 

YI. No coach or vehicle used for hire, shall stand upon 
any part of the Park for the purpose of hire, nor except 
in waiting for persons taken by it into the Park, unless 
in either case at points designated by the Commission. 



Vehicles of VII. ISTo wagou or vehicle of burden or traffic shall 
pass through the Park, except upon such road or avenue 
as shall be designated by the Park Commissioners for 
burden transportation. (a) 



Street rail- 
road cars. 



VIII. ISTo street railroad ea.r{b) shall come within the 
lines of the Park without the license of the Park Com- 
mission. 



Articles ex- IX. ITo pcrsou shall expose any article for sale witliin 
l°il the Park without the previous license of the Park Com- 

mission. 



Ice. 



Indecent 
language, 
&c. 



X. Xo person shall take ice from the Schuylkill within 
the Park without the license of the said Commission first 
had, upon such terms as they may think proper. 

XL Xo threatening, abusive, insulting, or indecent 
lano-uaare shall be allowed in the Park. 



Gnmin?, XII. Xo gauiiug sliall be allowed therein, nor any 

o^^bcen, y, Qi^gQQjje q^^ iiidccent act therein. 

Bathing. XIII. Xo person shall go in to bathe within the Park. 

(n) See ante, page 30, note (a), rule IX. 

(b) See Act of March 10, 1870, post, page 51. 



ACT OF APRIL 14, 1868. 39 

XIV. ISTo person shall fish or disturb the water-fowl in Fish, water- 
the pool, or any pond, or birds in any part of the Park, fire-works ' 
nor discharge any fire-works therein, nor affix any bills ^u:c^°' 
or notices therein. 



XV. Xo person shall have any musical, theatrical, or Emertain- 
other entertainment therein, without the license of the ""'"''" 
Park Commissioners. 



XVI. Xo person shall enter or leave the Park except Entrance 
by such gates or avenues as may be for such purpose 
arranged. 

XVII. Xo gathering or meeting of any kind, assem- Political and 
bled through advertisement, shall be permitted in the ings. 
Park without the previous permission of the Commis- 
sion ; nor shall any gathering or meeting for political pur- 
poses in the Park be permitted under any circumstances. 



XVIII. That no intoxicating liquors shall be allowed intoxicating 

liquors. 

to be sold within said Park. 



Sect. 22. Any person who shall violate any of said commis- 
sioners shall 
rules and regulations, and any others which shall be have power 

ordained by the said Park Commissioners, for the govern- other rules. 

ment of said Park, not inconsistent with this act, or the 

laws and constitutions of this State and United States — ■ 

the power to ordain which rules and regulations is hereby 

expressly given to said Commissioners — shall be 2:uilty of Penalty for 

^ -^ ^ » ^ violation of 

a misdemeanor, and shall pay such fine as may be pre- rules. 
scribed by said Park Commissioners,(a) not to exceed five 

(a) The fine piescribed by the Commissiouers is five dollars. 



40 ACT OF APRIL 14, 18G8. 

How recov- cTollars for each and every violation thereof, to be recovered. 

ered. 

before any alderman of said city, as debts of that amount are 
recoverable, which fines shall be paid into the city treas- 
ury : Provided^ That if said Park Commissioners should 
Aiiiicences licensc tlic takino^ of ice in said Park, or the entry of any 

may be with '-' 7 ./ ■/ 

compensa- strcct rallroad car(a) therein, or articles for sale, or musical 

tion. 

entertainments, it may be with such compensation as 

they may think proper, to be paid into the city treas- 

Further lia- uYj i And 'pvovided^ That any person violating any of said 

bility for 

violation of rulcs and regulations shall be further liable to the full 

extent of any damage by him or her committed, in tres- 

Tenant shall pQss Or otlicr actlou ; and any tenant or licensed party who 

forfeit lease, i n . i 

&c.,for vio- shall Violate the said rules, or any of them, or consent to 

rules. 01' permit the same to be violated on his or her or their 

premises, shall forfeit his or her or their lease or license, 

and shall be liable to be forthwith removed by a vote of the 

Lease and Park Commissiou ; and every lease and license shall con- 

license shall 

contain talu a clausc making it cause of forfeiture thereof for the 

clause of t t • i • n" 

forfeiture. Icssec Or party licensed to violate or permit or suiter any 

violation of said rules and regulations or any of them. 

Park police Xt shall bc thc duty of the police appointed to duty in the 

shall arrest _ J L IL J 

offenders Park, wltliout warraiit, forthwith to arrest any offender 

without war- 
rant, against the preceding rules and regulations, whom they 

may detect in the commission of such offence, and to take 

And take tlic pcrsoii Or pci'sous so arrested forthwith before a magis- 

them forth- 
with before trate having competent jurisdiction. 

a magistrate. 

All rents, Sect. 23. All rcuts, license charges and fees ; all fines, 

chlrgis, proceeds of all sales, except of lands purchased, (/>) and 
fines, &c., profits of whatsoever kind to be collected, received, or 

shall be paid i ' ' 

(a) See Act of March IG, 18T0, post, page 51. 

(b) Bee Sec. 13, ante, pago 33. 



ACT OF APRIL 14, 18G8. 41 

howsoever realized, shall he paid into the city treasury, into the city 

oil 1 • 1 • 1 • treasurj' for 

as a fund to be exclusively appropriated by Councils for Park pur- 
Park purposes, under the direction of said Commission : ^°''''^' 
Provided, That monej's or property given or bequeathed Proviso. 
to the Park Commissioners upon specified trust8(a) shall 
be received and receipted for by their Treasurer, and held 
and applied according to the trust specified. 

Sect. 24. That the Councils of the City of Philadel- ^""""^"^ 

■^ may improve 

phia be and they are hereby authorized to widen and approaches 

r '' '^ ^ to the Park. 

straighten any street laid upon the public plans of said 
city, as they may think requisite to improve the ap- 
proaches to Fairmount Park. 



Sect. 25. That nothing in this act contained shall TWsactnot 
^ to affect pro- 

suspend or alFect any proceeding pending in court under ceedings 

pending in 

an}'- existing law ; but the same shall be proceeded in as court. 
if this act had not been passed. 



Sect. 26. The damages for ground and property taken Land dama- 
for the purpose of this act shall be ascertained, adjusted ascertained, 
and assessed in like manner as is prescribed by the act n^anner^^™^ 
to which this is a supplement.(6) act ofxtef 

Sect. 27. The said Park Commissioners shall employ. Park police. 
equip, and pay a Park force, adequate to maintain good 
order therein and in all houses thereupon; which force shaiibesub- 

r> 1 Tir ject to the 

Bhall be subject to the orders ot the Mayor upon any orders of the 
emergency ; and so far as said force shall consist of others an/eml"- 

gency. 

(ffl) See Sec. 17, ante, page 34. 

(&) See Act of March 26, 1807, Sec. 3, ante, page 21, and Act of 
April 14, 1868, Sec. 5, ante, page 29. 



tor 



42 ACT OF APRIL 14, 18G8. 

Howap- than the hands emploj^ed to labor in the Park, it shall be 
controlled appolntcd and controlled as the other police of the city. 

ParkSoiici- Sect. 28. [There shall be an additional assistant ap- 
pointed by the City Solicitor, whose duty it shall be, 
under the direction of the City Solicitor, to attend to the 
assessments of damages, and to such other business of a 
lecral nature connected with the Park as said Commis- 
sioners may rcquire.]^a) 

(a) Repealed by the 5th section of the Act of January 27, 1870, 
post, page 4y. 



ACT OF APRIL 21, 1869. 43 

Act of April 21, 186 9. P. L. 1194. 
A FURTHER SUPPLEMENT 

To an act entitled "An act appropriating ground for public purposes 
in the City of Philadelpliia," approved the twenty-sixth day of 
March, Anno Domini eigliteen hundred and sixty-seven. 

Section 1. Be it enacted by the Senate and House of Rep- 
resentatives of the Commonwealth of Pennsylvama, in General 
Assembly met, and it is hereby enacted by the authority of the 
same. That it shall be lawful for the Fairmount Park c 
Commissioners, in the name of the City of Philadelphia, 
to prevent and restrain the damage or the destruction of treTJl^&c'° 
any trees and shrubbery upon any premises within the j^^jj'j"^^]^, 
bounds described for the Eairmount Park, by the supple- ag^shave 

not been as 

ment to the act creating said Park, approved the four- sessed. 
teenth day of April, eighteen hundred and sixty-eight, 
although the compensation to the owners may not have 
been assessed or paid. 



sioners may 
prevent 



ust 
boundaries of 



Sect. 2. That the Fairmount Park Commissioners shall Mayadj 

boundaries 

have power, on behalf of the City of Philadelphia, to ad- Park with 
just the boundaries(a) of said Park with any railroad or canI°com- 
canal company whose track, tow-path or canal navigation ^^^111.''" 
lies within or is bordering upon said Park, and with any 
other owner bounding upon the Park, and to receive and To receive 

" •"• and make 

make the proper conveyances or releases in adjusting said proper con- 

'■ ^ " veyances, 

boundaries as now provided by law,(/>) and if an increase &c. 
of width be conceded to any company or companies, or in- 
dividuals, or an exchange of property be made, it shall be 

(a) See post, page 45, Sec. 5. 

(6) See Act of April 14, 1868, Sec. 13, ante, page 33. 



44 ACT OF APRIL 31, 1869. 

Rate of com- at Si rate of compensation not less than a just and propor- 

pensation for 

property re- tionatc sharc of the cost of the whole property paid at any 

leased or ex- . 

changed. timc by the City of Philadelphia, with lawful interest 
To be paid thereon, which compensation shall be paid into the sink- 
fund. i»g fund of said city, for the extinguishment of the Park 
loan. 



All moneys Sect. 3. That all moneys raised by the City of Pliila- 

raised for 

purchase of dclpliia by loans for the purchase of grounds for the Fair- 
to be kept ' mount Park, and the construction and laying out the 
separate y. ^^^^^^ sliall be kcpt Separately by the treasurer of the said 
city, and shall be appropriated and paid for no other pur- 
poses. («) 

commis- Sect. 4. It shall be lawful for the said Park Commis- 

^takepoZel- sion, after having given sixty days' notice of an intention 
enyaft^r"^" ^o to do, to take actual possession of any lands or property 
si.xtydays- ii-i(>|L|je(]^ witliiu thc bouudarics of the Park, althouo;h the 

notice, ' ~ 

although compensation or damages for the said grounds or property 
have not may not have been assessed or paid ;(6) and the City of 

been as- 
sessed. Philadelphia shall thereupon become liable for the pay- 
ment of the compensation or damages which may be 
awarded for taking such grounds, as of the date when said 
In that grounds and property were actually taken into possession, 

event award "~ 



to bear in- and with iutcrcst from such date: Provided, That hefore 

terest. 

any such notice be given as hereinabove provided, the said 
Commis- Park Coinmissioners shall have made an application to 

sions shall 

first make tlic court for thc appointment of a jury according to tlie 

application . . ^ , 

for appoint- provisious 01 law.(e) 

ment ofjury. 

(a) See Act of April 14, 1868, Sec. 11, ante, page 33. 
(6) See ante, page 38, note (a). See also Act of Ai^ril 14, 1868, Sec. 
9, ante, page 31. 

(c) See Act of March 23, 1867, Sec. 3, ante, page 21. 



ACT OF APRIL 21, 1809. 45 

Sect. 5. If in laying out and adjusting the grades of the Commis- 
sioners may 
boundary avenues of Fairmount Park, the configuration vary the 

boundaries 

of the ground shall make it advantageous to vary from the of the Park 

in adjusting 

boundaries(a) as now authorized by law, said Park Com- grades of 

■,.-,-, 1 boundary 

missioners are hereby authorized and empowered to nego- avenues, and 
tiate and agree with any owner or owners of ground tio^ai 
bounding upon the Park, and so required for the proper s''o""d- 
location and adjustment of said boundary avenues, as to 
the price and conversance thereof; and to that end may 
take and receive additional ground, or make exchanges or 
releases as the case may require : Provided^ That the area Provided 
of the said Park shall not be increased thereby. of the Park 

In case of inability from any cause to fix the price of creased. 
any land, or to adjust the terms of any exchange of ifcommis- 

sioners can- 

ground required for the purpose aforesaid, the same shall not agree 

wiih owners 

be determined by a jury appointed for the purpose, in the of land, 

. , , . , ,.,,.. , Jury shall be 

manner provided in the act to which this is a su2:)ple- appointed. 
ment.(6) 

Sect. 6. That it shall and may be lawful for the City Councils 

may confer 

Councils to confer upon said Park Commission, and care of other 

grounds 

for the Commission to accept, the care and management upon Com- 

... . missioners. 

irom time to time ot any other grounds now appropriated 
or hereafter to be appropriated for park purposes within 
the City of Philadelphia. 

Sect. 7. N"o Park Commissioner, and no Solicitor acting Commis- 

... .^ ^ sioners, Soli- 

for said Commission, and no person exercising any office, citorand 
or holding any appointment under such Commission shall to receive 

(a) See ante, page 43, Sec. 2. 

(J)) See Act of March 26, 18G7, Sec. 3, ante, page 21. Under author- 
ity conferred upon them by the above section, the Pai'k Commission- 
ers have varied the northwest boundary of the Park. 



46 



ACT OF APRIL 21, 1869. 



i868— defiii' 
ing bounda- 
ries — 
amended. 



compensa- recGive, either directly or indirectly, any compensation 

tion from 

parties hav- for any service rendered to any party having any claim 
of any kind, whether for land damages, or in any other 
manner arising against said Commission, or the city, 
excepting only the proper salary or compensation, if any, 
attached to his ofHce, and any offence against the provis- 

Underpen- ions of tliis scction sliall he deemed a misdemeanor, and 

altyofexpul- _ ^ • n n^ 

sion from punisliablc by expulsion from oince. 

office. 

ist section Sect. 8. Tlic fii'st section(r<) of an act of Assembly, ap- 

oftheActof r. A -1 A ^^^ 

14 April, proved the fourteenth day ot April, Anno Domini one 
thousand eight hundred and sixty-eight, entitled " A 
supplement to an act entitled ' An act appropriating 
ground for public purposes in the City of Philadelphia,' " 
approved the twenty-sixth day of j\Iarch, Anno Domini 
one thousand eight hundred and sixty-seven, shall be 
amended so that the same in describing the boundaries 
of Fairmount Park shall read as follows: "Beginning at 
" a point in the northeasterly line of property owned and 
" occupied by the Eeading Railroad Company, near the 
" City bridge over the river Schuylkill at the Falls, where 
" said northeasterly line would be intersected b^' the line 
" dividing the property of II. Duhring, from that of F. 
''Stoever and T. Johnson, if the same were extended; 
" from thence in a southwesterly direction upon said divi- 
" dino- line and its prolongation to the middle of the Ford 
" road ;" and from thence the said boundary line shall 
proceed as in said first section is described. And further- 
more, it is hereby declared to be the true intent and 
meaning of the fifth section(6) of said act, that all the 



All grounds 
pertaining to 



(«) Ante, pao^e 25. 
(&) Ante, page 29. 



mentismaJe 
or warrant is 



ACT OF APRIL 21, 18G9. 47 

grounds pertaining to Fairmount Park, and mentioned P^rkde- 
and described in any of the sections of said act of As- slbject'to^^ii 
semblj, shall be subject to all the powers, control and au- feTrrupon 
thoritj which is by force of law conferred upon the Com- Itner"'" 
missioners of Fairmount Park. 

Sect. 9. It is the true intent and meaning of the act Park dam- 
entitled "An act appropriating ground for public pur-llZZeL 
poses in the City of Philadelphia," approved March '^^^JZ 
twenty-sixth, one thousand eight hundred and sixty- "'^^d 
seven,(«) and of the supplement thereto, passed April four- 
teenth, one thousand eight hundred and sixty-eight,(^) 
and of the jDrovisions of this further supplement, that no 
interest shall be allowed on damages for ground taken up 
to the time of their payment, or the issue of any warrant 
for their payment by the City of Philadelphia, excepting ^ 
only such cases as are provided in the fourth section of 
this act.((?) 

(a) Ante, page 19. 

(b) Ante, page 25. 

(c) Ante, page 44. See also, as to interest on Park damages before 
the passage of this act, ante, page 32, note(a). 



exception. 



ACT OF JAXVJLRY dT, IS^ 



t 
A FrRTIIKR SrrrLEMENT 

1V> »n »«^ «ik1ttltl!<^il '"An aKt a]>|VK«|p«iaitins; $?r««sid fix- piftKie ]>«ir> 
iv>c$«^ itt tW City oif ^olawil^^itkK*,.''* aiyfcvixvd thK« rv^nty-^xldi djiy 
of Maurv^ Atu»v> lX>«ttttti «N^iK«tt IramnlKd auwl «ixty-;^v««L 

tb<^ City <»f PhiWlel|[>hift« *>lf tb»? «ilami*^>? avrarvled t<> oat? 
v-Kv sv,. ^^j. iiflio-»>? owm^T^ of lai*il ftv>m tiwvt* tx> tiiae^ ahhv>wofh tW 
jttrv $h»]) — ■ -^.trV tWrviw bv \tbo4u tlw daulJ%i^.^ suw 
tK> be j'ftiu ; j«v>Jadi»Nj t<> tW tight aud jv\vv*r ot" 

tb<? native CHT any i>th<^ j^*'?' app*>ittif^l by tb<? €<mft to 
subsie^wtently iiiak» ij*(|[UifT as b> tb^ advanta^^ oJf 0|>eii- 
i«g ^id F^tk to proj>«i>jti<!i? adji*.>i5ii«^, oar iu tbo vicinity 

of tbo ^ttK\ ami b; < < L.rtial o*- ^i^-cvial iv>poart 

to d«e^^nni8»«e wbat . ->f said dasna^>? $han 

be jtiid by tb<e City of l^V » ami \rKat anitoant^ if 

any* $baM b© jhahI by th<e i>jrv>j>iejrty owi>e?s be»efiis«d, as 
now proTidoil by laxr^^w) 

iw«»i Sibvr. ± Tbat tb<e xrv>r\l ^ witbin'^ in sieetion tliivtie«n(i) 

a<* of tbo Koort.»8ttb of AjMril^ Anno mMHkini on<ft 

•«a^ «««« ;iw>;t5tfind <ei§bt bundled and ^xty-<ei^t, relatii^ to f^r- 

i:^ l!?n. post. i>a^ >4 



ACT OF JANUARY 27, 1870. 49 

mount Purk, next after the words " Ijcyond or" be jiUercd '""«iti>- 
to " without." 



Sect. 3. That slionld aii}' vacancy ha]>])cn in any jury v.ioancics in 

, ''■'i'< i'liirs, 

now appointed or hereatter to be appointed, by death or ih-w nikd. 
resignation, removal or otherwise, it sliall be lawl'ul Ibr 
the court to fill such vacanc}'' from time to time as it 
may hapi)en without i)i-cjudice to tlie validity of Hm jiro- 
ceedings : Proviilcd., 'V\\\\t every claimant shall liave the Every 

/. 1 . .111 11. cliiimant 

ojjportunity ot bein<r lully hcai-d by the whole jury or a .sh:.ii in; ruiiy 
quorum thereof after any such new app()intment.(c?) '^CL\Ly 

or (iiiiiniin 
tliiircof. 

Sect. 4. That the IJoard of l*ark ( -onimissioners shall Ammairc- 
1 1 • 1 -11 '""^' of Corn- 

make their annual re|)ort to the Councils ol tlu! (nty of missioners. 

Philadeli)hia during the month of January, and not to 

the Mayor of said city as now provided by lavv.(/') 

Sect. 5. That the twenty-eighth 8ection(r') of tlie act Twcmy- 

. . eighth sec- 

entitlcd "A sui)i)lement to an act entitkMl 'An act tion of the 

- . Act of April 

a[tpro[)riating ground tor public purposes in the City of ^ih, isgs. 
riiiladelphia,' approved the twenty-sixth day of March, '"'''"''"' " 
Anno Domini one thousand eight hundred and sixty- 
seven," ajiiJi-ovcd the iburtccnth day of Ajjril, Anno 
])omini eighteen hundred and sixty-eight, shall be and 
the same is. hereby repealed ; and there shall be a[)pointed 
by the Commissioners of Fairmount l*ark, a Solicitor, Commis- 

•ini T i-i- sioners to 

whose duty it shall be under their direction to attend to appoint Park 
the assessment of damages, and to such other business of duUcs" 
a legal nature connected with the Park as the said Com- 



(«) Sec Act of Marcli 2(), 1S()7, Sec. 3, aiul notes, ante, pages 21 and 22. 
CO See Act of April 14, 18(j', Sec. 14, ante, paj^^e '-'A. 
{r) Sec ante, page 4"3. 

4 



tion, 



50 ACT OF JANUARY 27, 1870. 

Compensa- niissioiiers may require, he shall receive during the pres- 
ent year and hereafter, until otherwise ordered by Coun- 
cils, the same compensation as is now provided for the 
Assistant Solicitor named in the said twenty-eighth sec- 
tion. 



ACT OF MARCH IG, 1870. 51 

Act of March 16, 1870. P. L. 451. 

AN ACT 

To secure to the citizons of the Commonwealth the free use and enjoy- 
ment of Fairmount Park in the City of Pliiladelyhia, and to prevent 
the construction ot any railroad therein. 

Whereas, The City of Philadelphia under authority Preamble. 
conferred by an act of Assembly approved March twenty- 
sixth, Anno Domini one thousand eight hundred and 
sixty-seven, and the several snp[)lements thereto, has i:)ur- 
chased a large body of land within the limits of said 
city, and laid out and improved the same as a public 
Park known as Fairmount Park, and has expended sev- 
eral millions of dollars in the purchase and improvement 
of the same : 

SECTioisr 1. Be it enacted hy the Senate and House of Rep- 
resentatives of the Commonwealth of Pennsylvania in General 
Assembly met., and it is hereby enacted by the authority of the 
same., That the City of Philadelphia is hereby required to cityrequired 

to maintain 

maintain and keep open the said Fairmount Park for the and keep 
free use and enjoyment of all the citizens of this State, mount Park, 
subject to the rules adopted for the good order and gov- 
ernment of the same,(a) and in consideration of the com- 
pliance of the said city with the requirements of this inconsider- 
Act, the State of Pennsylvania hereby declares and agrees of'norlii-^'^' 
that no railroad shall ever hereafter be constructed everVe^""" 
within the limits of the said Fairmount Park:(6) Pro- 

(a) See ante, page 35, Sec. 21. 

{b) See Act of Apr.l 14, IsGS, Sections 19 aftid 20, ante, page 35. 



built in the 



52 ACT OF MARCH 16, 1870. 

Rights ai- vidcd, That nothing in this act shall be construed to 

ready ac- 
quired by interfere with the rights already acquired by any rail- 

railroad 
companies 



road company whose tracks are now laid within the 



preserve . ;[jj^-^^^g qj-' gy_jQ Fairmouiit Park. 



ACT OF M:\.RCH 15, 1871. .53 

^ct of March 15, 1S71. P. L. 363 
A FUETHER SUPPLEMENT 

To an act appropriating ground for public purposes in the City of 
Philadelphia, approved the twenty-sixth day of March, Anno 
Domini, one thousand eight hundred and sixty-seven. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the Commoniuealth of Pennsylvania in commis- 
General Assembly met, and it is hereby eyiaeted by the au- eL°dude7roni 
thority of the same, That the said Park Commissioners ^^nuL- 
shall have power to exclude from the Park manufactories [°"" ''""■^' 
therein, so as to leave the ownership in the owners Under agree- 

ments with 

thereof, with defined boundaries under agreements to be t^e owners. 
made between the said owner and the City of Philadel- puruy of 
phia, to run with the title, in manner to Tjrotect the ^^'^''' 

To preserve 

purity of the waters of the Schuylkill and the W issa- good order. 
hickon, and to preserve good order in the Park, and to saieofintox- 
prevent the sale of intoxicating liquors upon any part of Hquo"! 
the premises to be so left in private ownership ; and such Exemption 

■■■ •'■-'- may be for 

exemption from being taken for public use, may be for a "='"^ °'" 

*■ ' '' years or in 

term of years or in fee. fee. 

Sect. 2. That it shall be lawful for the Fairmount commis- 

sioners may 

Park Commissioners to a^ree with the Rid2:e Avenue ^'sree with 

^ ^ Ridge A ve- 

Turnpike Company for the taking of said E-idge avenue, m'^ Turn- 

pike Com- 

from Dauphin street northwestward to the Wissahickon, panyfor 

1 • n ^ . . „ . . portion of 

and II they cannot agree, to petition tor a jury m manner said turn- 
authorized by the acts relating to said Park ; and such ^' ^' 

Upon failure 

jury shall proceed, and the court have all the power in to agree, 

jury may be 

said acts contained, for the ascertainment and payment appointed. 
of the damasres for freeins; said avenue from tolls,(a) Proceedings, 

(«) See Act of March 26, 1867, Sec, 3, ante, page 21. 



54 ACT OF JUNE 15, 1871. 

Act of June 15, 1871. P. L. 391. 
AIT ACT 

Relating to the assessment of damage for the appropriation of land 
for public use. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the Commonwealth of Pennsylvania in 
General Assembly met, and it is hereby enacted by the au- 
No assess- thority of the same., That in all cases of the appropriation 
wfits shall of land for public use, other than for roads, streets or 
uponpro- highways, it shall not be lawful to assess, apportion or 
perty adjoin- (.]-^r^j.g.Q i\-^q whole Or auv portlou of the daraa2;e done to 

ing or in the ~ i/ x o 

vicinity of Qp value of the land so appropriated, to, amoncr or against 

land taken x a x c^ c^ 

for public the other property adjoining or in the vicinity of the 
intiiecase land SO appropriated, nor the owners thereof; and all acts, 
o roa s, 'c. ^^ -^Q.vi^ of acts, inconsistcnt herewith, are hereby re- 
pealed.(a) 

{a) See Act of March 20, 1867, Sec. 3, ante, page 22. This act does 
not apply to cases where part of the same tract of land is taken, and 
part is not. In that case the jury is bound, in ascertaining the dam- 
ages, to take into consideration the advantages to that portion of the 
tract which is left : 29 Leg. Int. 220. 



ORDINANCE OF MARCH 4, 1868. 65 



ORDINANCES 



Ordinance of March 4, 1868, Ordinances 1868, 
page 88. 

A]Sr ORDINAISrCE 

Appropriating ground for public purposes, pursuant to the Acts of 
Assembly empowering the City of Philadelphia so to do ; also de- 
fining the limits, and providing for the improvemeut of Fairmount 
Park. 

Section 1. The Select and Common Councils of the City ^°'^^^^'^^^ 

•^ ^ ofFairmount 

of Philadelphia do ordain., That Fairmount Park shall Parude- 

fined. 

consist of the area of water and of ground which is 
embraced within the following limits, to wit, beginning 
at a point in the northeasterly line of property owned 
and occupied by the Reading Railroad Company, near 
the city bridge over the river Schuylkill at the Falls, 
wdiere said northeasterly line is intersected by the line 
dividing property of H. Duhring from that of F. Stoever 
and T. Jolinson, extending from thence in a south- 
westerly direction upon said dividing line and its pro_ 
longation to the middle of the Ford road ; from thence 
b}' a line passing through the southeast corner of Forty- 
ninth and Lebanon streets to George's Run ; thence along 
the several courses of said run to a point fourteen hun- 
dred and eighty-seven and a half feet from the n^iddle of 
the Pennsylvania railroad, measured at right angles 
thereto ; thence by a straight line through the northeast 
corner of Forty-third and Hancock streets to the north- 



66 ORDINANCE OF JMAIICII 4, 18C8. 

erly side of Girard avenue near Fortieth street; thence 
by the said northerly line of Girard avenue to the east- 
erly side of the Junction railroad as now used ; thence 
by the said easterly side of the Junction railroad and 
the Pennsylvania railroad to the north side of Ilaverford 
street ; thence by the northerly side of said Ilaverford 
street to the westerly side of Bridgewater street ; thence 
by the said Bridgewater street to the north line of 
Bridge street ; thence by said Bridge street to the west 
abutment of the Suspension Bridge ; thence by the north- 
westerly side of the Suspension Bridge and Callowhill 
street to the angle in said street, on the southwesterly 
side of Fairmount Basin ; thence by the northerly side of 
Callowhill and Biddle streets to the Avesterly side of 
Twenty-fifth street ; thence by the said Twenty-fifth 
street to the southwesterly side of Pennsylvania avenue ; 
thence by the said southwesterly side of Pennsylvania 
avenue to the west side of Thirty-third street; thence 
along the westerly line of Thirty-third street to the 
southwesterly line of Ridge avenue ; thence along said 
Ridge avenue to the southwesterly line of South Laurel 
Hill Cemetery (north of Huntingdon street) ; thence by 
and along said property line to such a distance from the 
shore line of the river Schuylkill as will permit the loca- 
tion of a carriage road one hundred feet wide upon its 
margin ; thence along the said river shore, and its several 
courses, as may be most practicable, at the same distance 
as above specified (provided said distance shall not exceed 
one hundred and fifty feet), to a point opposite the inter- 
section of the Ridge turnpike and School lane ; thence 
northwardly to a point on the southwesterly side of said 
turnpike road, opposite to the southeasterly side of said 



ORDINANCE OF MARCH 4, 18G8. 57 

School lane ; thence by the southwesterly side of the 
Ridge turnj^ike road and its several courses to the south- 
easterly side of the Wissahickon creek ; thence by the 
several courses of the southeasterly side of Wissahickon 
creek to the Schuylkill river ; thence across the water 
course of said river to the northeasterly line of the Read- 
ing Railroad Companj^'s property, as now occupied and 
in use, at the city boundary line ; thence along said 
northeasterly line, as now occupied and used by said 
railroad company, to the place of beginning. Excepting, 
nevertheless, hereout the several water works and their Water 

,., •Ill •!• 1 1 1 works ex- 

appurtenances, winch are included Avitnin these bounda- cepted. 
ries, and such uses of the premises immediately -adjacent 
to the same, and such other portions of the ground as are 
described in this section, as the city may from time to 
time require for the purposes of its Water Department ;(«) 
and savins; the rig-hts and franchises of. the Schuylkill Andako 

iranchises ot 

J^avigation Company, and the Philadelphia and Reading, certain cor- 

. T -r • T-» •! 1 /-^ • porations. 

Connecting and Junction Railroad Companies, as now 
provided by law.(i) 

Sect. 2. That there shall be laid out and constructed a Roberts* 
road of easy and practicable grades, extending from the drive pro- 
intersection of the northerly line of the Park by Belmont ^' ^ °'' 
avenue, on the westerly side of the river Schuylkill, to the 
head of Roberts' Hollow ; and thence along the said hol- 
low and the river Schuylkill to the foot of City avenue; 
laid out with ground contiguous thereto for ornamenta- 
tion, of anch width and so constructed as the Commis- 
sioners of Fairmount Park, appointed under authority of 

(«) See Act of April 14, 18G8, Sec. 1, ante, page 25, wherein the 
same boundaries are dernied by act of Assembly. 

(b) The franchises of the above corporations are also excepted by 
the Act of April 14, 18:8, Sec. 3, ante, page 33. 



58 ORDINANCE OF :^IARCH 4, 1838. 

the act of the General Assembly' of the Commonwealth, 
may determine. And the C\ty of Philadelphia hereby 
declares its design and intent to make such road and its 
contiguous ground a part of the aforesaid Park ; and it 
hereby authorizes said Commissioners to ascertain by pro- 
per survey, and report its boundaries, so that the same 

Commis- may be duly appropriated. («) And the said Commis- 
sioners shall . 1 n • Ti 1 T 

layout sioners sliall in like manner lay out and cause to be 
avenueZ opcncd an avenue outside of and extending along so much 
of the boundary of the Park as is between the point of 
beginning in the description given in the first section of 
this Ordinance and Girard avenue ; which new avenue 
shall be not less than one hundred feet in width ; and in 
like manner on the easterly side of the river they shall 
lay out and cause to be opened a similar avenue, extend- 
ing outside of and along the Park boundary, from the 
intersection of Thirty-third street and Pennsylvania 
avenue ; northwardly and westwardly to the river 
Commis- Schuylkill. And the said Commission are hereby 
th°o"^Ie<rto authorized and empowered to exercise over the said new 
exercise au- avcnucs, and also over so much of Girard avenue(i^) as is 

thority over ^ ^ 

boundary includcd witliiu the limits of the Park, such authority as 

avenues, and 

so much of maybe requisite for their proper laying out, decoration, 

Girard ave- . n r> i • j.* i t 

nueasiies and improvement, and tor tlicir preservation as public 
Park. ^ highways adjacent to the Park.(c) 

(a) See Act of April 14, 1868, Sec. 2, ante, page 27, wherein the 
Roberts' Hollow drive is provided for by act of Assembly, 

{b) As a general proposition, but by no means universal, bridges are 
treated as portions of the highways which cross them, and are to be 
maintained by the same persons to whom the duty of repairing the 
highways is committed : 18 P. F. Smith, 406. 

(c) So much of the above section as relates to the laying out and 
control of boundary avenues, has been modified by Sections 7 and 8 of 
the Act of April 14, 186S, ante, page 30. 



ORDINANCE OF MARCH 4, 18G8. 59 

Sect. 3. The City of Philadelphia hereby declares its Declaration 

of intention 

intention to appropriate the shores of the Wissahickon toappropri- 

^ , „ . , I ate shores of 

creek, on both sides of the same, trom its mouth to such wissaWckon 
point as may hereafter be determined, by said Park Com- "*'^'' 
missioners, and of such width as may embrace the road 
now passing along the same, and may also protect the 
purity of the water of said creek, and preserve the beauty 
of the scenery upon its banks, so that the same may be 
hereafter added to Fairmount Park, and constitute a part 
of the same. And the said Commissioners of Fairmount Commis- 



sioners em- 



Park are hereby authorized and empowered, with the aid powered to 

1 • T • J- J.1 define the 

of a proper survey, to define the appropriate limits ot the appropriate 
ground proper to be taken for Park uses upon both shores g|^^,'d°to be 
of the Wissahickon, and to report the same for such delinite '^'''="' ^"'^ 

' A report to 

legislation thereon as may be requisite and proper for the Councils. 
Councils of the City of Philadelphia.(a) 



Sect. 4. The City of Philadelphia in pursuance of the Area of land 

and water 

several acts of Assembly enabling it so to do, and of any described 

in preceding 

and all acts of the General Assembly of the Common- sections set 
wealth conferring such power upon it,(^) does hereby asapub^c" 
appropriate and set apart forever the area of land and p*"''- 
water comprised within the limits prescribed in the pre- 
ceding sections of this ordinance, as an open })ublic 
ground and Park for the preservation of the purity of 
the Schuylkill water, and of the health and enjoyment 
of the people forever. (c) 



(a) The appropriation of the shores of the Wissahickon creek, and 
the manner of defining the Park boundaries thereon, is provided for 
by the 2d Section of the Act of April 14, 1SG8, ante, page 28. 

(i) See post, page 63. 

(c) See Act of April 14, 18G8, ante, page 25. 



60 ORDINANCE OF MARCH 4, 18G8. 

Commis- Sect. 5. That in addition to the powers conferred, by 

sioners au- i /» 

thorizedto the act of Assembly creating the Commission, upon the 

sion of Commissioners of Fairmount Park, the City of Philadel- 

scriTed'i'r P^^^^ hereby authorizes and empowers said Commission to 

preceding fakc Dossessiou of so much of the around contained 

sections, and ^ ~ 

to exercise within the Hmits set forth in the preceding sections of 

control over 

and improve this ordiiiancc as may be beyond the limits of the ground 

the same. • i i 

appropriated by or under the act of Assembly establish- 
ing said Commission, and to exercise over the same, as 
part of Fairmount Park, all the powders and authorities 
which are requisite for its appropriation, its laying out 
Subject to and adornment, as part of the Park ;(a) subject, neverthe- 

such appro- 
priations as less, to such appropriation as may, from time to time, be 

may make, made for sucli purposes by the Councils of the city. (6) 



Commis- Sect. 6. That the said Commission be and they are 

sioners au- 
thorized to hereby authorized and empowered to negotiate with the 

negotiate 

with owners owuci's of SO mucli of tlic land included wdthin the afore- 
said limits as is beyond the boundaries mentioned in the 
act of Assembly establishing the Commission((?) and to 
agree wnth them if it be practicable as to the price of 
their land,((i) and if it is not practicable so to do, that 

Upon failure the Law Department of the city be and the same is 

to agree, , , „ . 

Law Depart- hcrcby autliorizcd and directed, upon the request of said 

(a) See Act of March 26, 1807, Sec. 1, ante, page 19, and Act of 
April 14, 18G8, Sec. 3, ante, page 2S, and Sec. 5, ante, page 29, and 
Act of April 21, 18G9, Sec. 8, ante, page 40. 

(6) So much of the above section as relates to appropriations, is 
modified by the 4th and 5th Sections of the Act of March 20, 1807, 
ante, pages 22 and 23, and by the 11th Section of the Act of April 14, 
18G8, ante, page 32. 

(c) Act of March 26, 1867, ante, page 19. 

(fZ) The same power is conferred upon the Commissioners by the 
Act of April 14, 1808, Sec. 2G, ante, page 41. 



ORDINANCE OF MARCH 4, 18G8. 61 

Commission, to take proper steps in the law for the ascer- mem to 

,,.. r-Ti ^• 1 1 take proper 

taming and adjusting oi the damages attending the tak- steps for 

.. IT T / \ adjusting the 

mg Ot such land.(rt) damages. 

(a) The clause relatinj^ to the Law Department is superseded by Cd 
Section of Act of March 26, 18(57, ante, page 21, and 5th Section of 
Act of January 27, 1870, ante, page 4'J. 



62 RESOLUTION OF JANUARY 24, lc71. 



Resolution of January 24, 1S71. Ordinances 1871, 

page 8. 

RESOLUTIOIT 

Of request to tlie Commissioners of Fairmouut Park aud to the 

Legislature. 

ccmmis- Resolved by the Select and Common Councils of the City 

sioners re- 

quested to of F] dlculelphia ^ That the Commissioners of Fairmouut 

construct • i • i x-» 

art gallery Park be requesteo. to construct within the Park suitable 
fire-proof buildings for a public art gallery and museum 
for free exhibition at all times. 



ACT OF FEBRUARY 2, 1854. 63 

HUJSTTIXG PARK 

AND 

LEGACY OF ELLIOTT CRESSOISr 



Act of Fehruarij 2, ISSJf. P. L. 43. 
A FURTHER SUPPLEMENT 

To an act, entitled " An act to incorporate the City of Philadelphia." 

Section 39. **-:***** 
That it shall be the duty of the City Councils to obtain councils re- 
by dedication or purchase, within the limits of the said Zlltiv^, 
city, an adequate number of squares or other areas of ''"'"^^ ""' 

public 

ground, convenient of access to all its inhabitants, and lav 'i"^""^' ""'^ 
out and mamtam such squares and areas of ground as 
open public places, for the health and enjoyment of the 
people forever. 



64 OEDINANCE OP JULY 10, 1856. 



Ordinance of July 10, 1S5G. Ordinances 1856, 
page 177. 

AN ORDINANCE 

Relating to "Hunting Park," in the Twenty-third "Ward, of the City 
of Pliiladelpliia. 

Boundaries Section 1. The Schct and Common Councils of the City 

ofHunting 

Parkde- of Philadelphia, do ordain, That all that certain tract, 
piece or parcel of ground, situate in the Twenty-third 
Ward of the City of Philadelphia, commencing at a point 
in the easterly line of the Old York road, now called 
l^ork avenue, and the middle of Nicetown lane (formerly 
thirty-three feet wide, and now increased to the width of 
sixty feet, by the addition of thirteen feet six inches on each 
side, as agreed upon by the owners of property on each 
side thereof) ; thence along the middle of said Nicetown 
lane south, sixty degrees east, eighty-three perches and 
forty-seven hundredths of a perch to a point ; thence by 

land of , north, thirty degrees east, 

thirty one perches and seven-tenths of a perch to a corner; 

thence by land of , north, twenty-seven 

degrees five minutes west, eighty-six perches and two- 
tenths of a perch to a corner ; thence by land of the said 
Jacob Steinmetz, north, one and one-half degrees east, 
twenty-six perches and eight-tenths of a perch to a corner ; 
thence by the same west forty-five perches and eight- 
tenths of a perch to the easterly line of the York avenue 
aforesaid ; thence along said easterly line of said York 
avenue south, two degrees twenty-five minutes west, 



ORDINANCE OF JULY 10, 185G. 65 

eigLty-nine perches and twenty-nine liundredths of a perch 
more or less to tlic place of beginning ; containing about 
forty-three acres twenty-one and two-tenths square per- 
ches of land, the which premises were generously given to 
the City of Philadelphia by several of her citizens, as a 
free gift, to be used as a public park, free of access for all 
the inhabitants of the city, and for the health and en- 
joyment of the people, forever, be and the same is hereby 
devoted and dedicated to public use as and for a Park, and 
the said area of o;round shall be called " Iluntino- Park." 

Sect. 2. It shall not be lawful for any person or persons Saie of in- 
to sell or dispose of intoxicating liquors, or of merchan- liquors Tnd 
dise of any kind whatsoever, within the boundaries of pr^oh|'J|"e'||^^ 
said Park ; and if any person shall offend against the pro- 
visions of this ordinance, he or she so offending shall for- Penalty for 

so doing. 

feit and pay for each offence the sum of twenty dollars, 
which penalty shall be sued for before any alderman of "°^''e- 

covered. 

the City of Philadelphia, and the same being recovered, 
the informer shall be entitled to the one-half part thereof. 

Sect. 3. It shall be the duty of the Commissioner of Commis- 
City Property to cause the said Park to be laid out by cit'y Prop- 
some suitable and competent person, who shall be approved to'c^ause^slld 
by the ioint special Committee of Councils havino; charo-e P^y''t°''e 

•^ "^ ■■■ S *D laid out, 

of this subject, and upon such plan as the said Committee ""'^^'' "■■- 

tain re " '" 

may, in conjunction with the Committee of the donors, t'ons. 
consent to and approve; the said Committee shall report 
to Councils such plan and cost of same. And he shall 
also, subject to the like supervision and ap[)roval, cause 
the same to be planted with suitable and appropriate trees, 
and otherwise prepared for its future uses. 



tain restric- 



66 ORDINANCE OF JULY 10, 1^56. 

Appropri- Sect. 4. That the sum of four thousand dollars be and 

a^on icie ^^^^ samc IS hercbj appropriated to meet the expenses 

which may be incurred in the execution of this ordinance, 

the same to be in lieu of any previous appropriation to 

this purpose. 



ACT OF MAY 15, 1871. 67 

Act of May 15, 187 1. T. L. 873. 
AX ACT 

Enlarging the duties and powers of the Commissioners of Fairmount 
Park, by requiring them to take charge of Hunting Park in the 
City of Philadelphia, and of the legacy of Elliott Cressou, providing 
for the planting of trees in said city. 

Section 1. Be it enacted hy the Senate and House of Rep- careofH.m- 

ting Park 

resentatives of the Commonwealth of Fennsijlvania in General transferred 

• . to Commis- 

Assembly met, and it is hereby enacted by the authority of the sionersof 
same, That the care and management of Hunting Park, p^™°"" 
in the City of Philadelphia, is hereby transferred and com- 
mitted to the Commissioners of Fairmount Park, who 
shall be and they are hereby authorized and required to to lay out, 

, -, 1 1 i J enclose, plant 

take charge of the same, and lay out, enclose, plant, and ^„j ^j^,„ 
adorn the same ; and who shall possess and exercise the '^« "'"^^ 

" ' '■ And to exer- 

like powers and authorities, in every particular, over the eise uke 

^ powers over 

said Hunting Park, as now by existing laws, or hereafter the same as 

, they exercise 

by such as may be passed, they now have, or may here- ^^^r Fair- 
after come to have, over Fairmount Park, in the City of """""^ 
Philadelphia. 

Sect. 2. It shall and may be lawful for said Corainis- commis- 
sioners to survey, locate, lay out and established an '^"/ou'taT^ 
avenue,(a) which shall not be less than one hundred feet ""^'^l^''^ 
in width, which shall extend from Hunting Park to p-'-'^ '° 

iij. »»i.vAi;xi, ^ Fairmount 

Fairmount Park, connecting the two Parks Avith each Park. 
other, at such points as the Commissioners aforesaid may Land re- 

' ■*■ _ quired there- 

think best ; and all and singular the provisions of exist- for shaii be 
(«; See Act of April 4, 1873, Sec. 1, post, page 70. 



68 ACT OF MAY 15, 1871. 

acquired iiig laws relating to Fairmoiint Park, concerning the 
pertlLrnTto modc of acquiring possession of land, and of the title to 
liTnTnlnd ^^i^^-, ^^^^ hereby extended to the land and property neces- 
forFair- gapy in thc iudffment of said commission, to be required 

mount Park. ^ T t> o 

Said avenue in oi'dcr to thc laying out and establishment of said 
pj'rkrird, avenue; the said avenue shall be laid out, paved and 
undefthe^^ adomcd as a Park road by said Commissioners, and shall 
control of j^^ uudcr tlicir police control and supervision. 

the Commis- ^ 

sioners. • 

Commis- Sect. 3. That for the purpose of squaring the said 

mly'make Huutiug Park, and making the same more suitable in 
und fo?the°' shape for use as a park, the Park Commissioners may nego- 
purpose of ^^^^^ ^,^^|^ ^^iQ owucr of grouud on the east side of said 

squaring said ^ 

Park before Jj^mtluo' Park, aud south side of Bristol street, and 

Jan. ist, ^ 

1872. acquire the title to an area of ground, at least as large as 

all that part of the said Hunting Park situate north of 
the line of said Bristol street, which latter ground shall 
be given in exchange for the ground so acquired east of 
the said Hunting Park and south of said Bristol street, 
and a deed or deeds so agreed to be given in even ex- 
change to the person entitled to receive the same, sliall 
be executed by the Mayor of the City of Philadelphia 
whenever he shall be requested so to do by the Park 
Commissioners ; and the said exchange to be made on or 
before the first day of January, one thousand eight hun- 
dred and seventy-t\vo.(«) 

• Tils Sect. 4. It shall be the duty of the Councils of the 

siiaii provide Q'^^ ^f Philadelphia from time to time, on the request of 

sucli moneys J ^ i • i 

as tiie Com- gaiJ Commissioncrs to provide such moneys as the said 



miJiaioners 
may require. 



(a) See Sec. 2, of the Act of April 4, 1873, post, page 71. 



ACT OF MAY 15, 1871. 69 

Commission may require for the proper execution of the 
duties imposed upon them by this act. 

Sect. 5. The care and management of the legacy(«) made careofthe 
to the City of Philadelphia by the late Elliott Cresson of ^'''T ^'■"' 

" ± t/ son legacy 

the sum of five thousand dollars, the income of which is transferred 

' to the Park 

to be applied to the planting of shade trees in said city, Commis- 
sioners. 
m accordance with the provisions of his will, is hereby 

assigned, a[)pointed, and transferred to the Commission- 
ers of Fairmount Park, who are hereby authorized and 
directed to receive, execute and discharge the said trust, 
and to whom the City of Philadelphia is hereby author- 
ized to pay over any accumulation of interest and income 
now existing, and such as from time to time accrues for 
that purpose. 

(a) Extract from the will of Elliott Cresson, deceasecl. "Item.— I 
give and bequeath to the Mayor and Councils of Philadelphia the sum 
of $5,000 in trust, as a perpetual fund, the income from which I desire 
shall be annually forever expended in planting and renewing shade 
trees, especially in situations now exposing my fellow-citizens to the 
heat of the sun— desiring that due care be taken to select the best 
varieties of fine trees, and excluding such foreign trash, as the Lum- 
bardy Poplar, Ailanthus, Paper Mulberry and similar exotics." This 
is a good charitable bequest : 6 C . 4o7. 



70 



ACT OF APRIL 4, 1873. 



Act of April 4, 1872. P. L. 900. 
A SUPPLEMEi^T 



Preamble. 



Park Com- 
missioners 
may open 
Bristol street 
instead of 
the avenue 
authorized 
by the 2d 
section of 
the act of 
May 15th, 
1871, see 
ante page 67. 



Land re- 
quired for 
said street, 
how ac- 
quired. 



To an act, entitled " An act enlarging the duties and powers of tlie 
Commissioners of Fairmount Park, by requiring them to take 
charge of Hunting Park, in the City of Philadelphia and of the 
legacy of Elliott Cresson, providing for the planting of trees in said 
city." 

Whereas, By tlie second section of the act to wliicli 
tins is a supplement, it is enacted that it shall and may 
be lawful for said Commissioners to survey, locate, lay 
out and establish an avenue which shall not be less than 
one hundred feet in width, which shall extend from 
Hunting Park to Fairmount Park, et cetera ; now there- 
fore, 

Section 1. Be it enacted hy the Senate and House of Hep- 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly nfiet, and it is hereby enacted by the authority of the 
same, That the said Commissioners of Fairmount Park 
be authorized in their discretion, and they are hereby 
authorized to open, within a reasonable time, the street 
known as, or designated, Bristol street, on the plan of the 
City of Philadelphia, from Hunting Park to Fairmount 
Park, in the place and stead of the avenue authorized by 
the said second section(<'i) of the said act to be located, 
laid out and established ; and that all and singular, the 
provisions of existing laws relating to Fairmount Park, 
concerning the mode of acquiring possession of land, and 

(a) See Act of May 15, 1871, Sec. 3, ante, page 67. 



ACT OF APRIL 4, 1872. 71 

of the title to land, are hereby extended to the land and 
property necessary, in the judgment of said Commission- 
ers, to be required in order to the opening of said street ; 
the said street may be opened, macadamized, adorned and shaiibck^pt 
kept in repair as a Park road by said Commissioners, and Zla^'"'^ 
shall be under their police control and supervision. 

Sect. 2. That in order to square the said Hunting commis- 
Park, and to make the same suitable and more attrac- mir/ex"^^ 
live in shape for the purposes of a Park, the said Com- i^TdT °^ 
missioners may, in their discretion, negotiate with the !?"^'^ 

•^ ' ' ;:? Hunting 

owner of ground on the east side of Hunting Park and P^>-k before 

*- July ist, 

the south side of Bristol street, and may acquire the title 1873. 
to an area of ground as large as all that part of the said 
Hunting Park situate north of the line of the said 
Bristol street ; which latter ground may be given in ex- 
change for the ground so acquired east of the said Hunt- 
ing Park and south of the said Bristol street, and a deed 
or deeds so agreed to be given in exchange to the person 
entitled to receive the same, shall be executed by the 
Mayor of the City of Philadelphia, whenever he shall be 
requested so to do by the Park Commissioners, and the 
said exchange to be made on or before the first day of 
July, one thousand eight hundred and soventy-thrce.(a) 

(a) See Act of May 15, 1871, Sec. 3, ante, page 68. 



l.EAp'12 



k 



